END-USER LICENSE AGREEMENT (“EULA”)
This End-User License Agreement (“EULA”) is a legal agreement between you and Fireside’s owner and provider, Alderwood Smoked Salt LLC. (“Alderwood”, “We”, “Us”, “Our”), which governs your use of the Fireside licensed application (“Application”). Please read this EULA carefully, by installing or using the Application you agree to be legally bound by and comply with the terms and conditions of this EULA. If you do not agree to these terms and conditions, you are not permitted to purchase, download, install, and use the Application.
The Application may enable access to Alderwood’s software, data or content, or other services accessed or utilized by the Application (collectively “Services”). By accessing or using the Services, you agree to comply with and be legally bound by all of Alderwood’s Terms and Policies, collectively and individually incorporated herein by reference:
https://connectfireside.com/terms-of-service (“Terms of Service”)
https://connectfireside.com/code-of-conduct (“Code of Conduct”)
These Terms and Policies may be updated from time to time without prior notice, effective upon posting. Carefully read the Terms and Policies and regularly check for updates to ensure that your use of Services is not in violation of applicable terms and conditions.
No Minors/ Under 18 Age Restriction
By accepting this EULA, you truthfully and accurately represent and warrant that you are eighteen (18) years of age or older. Your grant of license to access and use the Application is subject to this age restriction. Your user profile may be deleted and your registration may be terminated without warning if we believe that you are less than eighteen (18) years of age.
Subject to the terms and conditions of this EULA, We grant to you a limited, non-exclusive, non-transferable, revocable license to download, install, access, and use a licensed copy of the Application solely for your own personal and non-commercial use on any personal mobile device running iOS and branded by Apple, Inc. (“Apple”) that you own and control (“iOS Device”) and as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”).
Scope of License. You may not rent, lend, sell, transfer, redistribute, or sublicense the Application and, you must remove the Application from your iOS Device if you sell your iOS Device to a third party. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except to the extent that applicable law prohibits any foregoing restriction or as may be permitted by the licensing terms of any open-sourced components included with the Application). Any attempt to do so is a violation of Our rights. If you breach this restriction, you may be subject to prosecution and damages.
License Term. The terms of this license will govern any upgrades provided by Alderwood that replace or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
License Termination. The license granted in this EULA is effective until terminated by you or Alderwood. Your rights under this license will terminate automatically without notice from Us if you fail to comply with any of the terms and conditions of this license. Upon termination of the license, you shall cease all use of the Application and destroy all copies, full or partial, of the Application. Your obligations under this EULA and Our Terms and Policies will remain in effect even after license termination.
Use of the Application and Services is void where prohibited. By accessing and using the Application and Services, you truthfully and accurately represent and warrant the following:
(i) All registration information you submit is truthful and accurate;
(ii) You will maintain the accuracy of such information;
(iii) You are eighteen (18) years of age or older; and
(iv) Your use does not violate any applicable law or regulation.
Consent to Use of Data
Use of the Services is on a membership basis. Payment for your membership is provided by Apple’s In-App Purchase (IAP) API, and is subject to Apple’s IAP policies, “Payments, Taxes, and Refund Policy,” and all other applicable Apple and App Store terms and conditions. Apple alone performs and handles all payment processing operations concerning your membership. Alderwood does not oversee or participate in payment processing of your membership, and as such we do not access or obtain or seek to access or obtain information that Apple has received from you.
Registered User Accounts
Use of the Services requires a membership and a registered user account.
1GB Registered User Account Capacity. We allocate up to 1GB of server space to each registered user account. When a registered user has exceeded their account’s 1GB server space, older postings will be deleted from the server to make room for newer postings.
One-Year Data Retention. If a registered user chooses not to renew their Application membership, or is removed from the user community by Alderwood, We will retain the registered user account and associated data for up to one (1) year’s time. During that time, a registered user may, if not actively removed from the user community, reactivate their account from where they left off by signing up for a particular membership package. After one (1) year of non-payment, We will delete the registered user account and associated data.
Data Loss and Maintenance. While We aim to prevent premature loss or deletion of data files on the server, We cannot completely anticipate events like server meltdown, hardware or equipment failure, or human-error. Any information or content that you post, communicate, or receive can be deleted or “lost” at any time without notice, and without the possibility of recovery. We are not a data storage company – registered users are encouraged to maintain back up files of anything they deem important.
We welcome your contribution and your participation in Our community, but ask that you respect the Application user community – other users just like yourself – when posting, sharing or otherwise uploading content (“User Generated Content”) and using the Services. When submitting User Generated Content to, or otherwise using the Services, you agree not to:
submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
publish falsehoods or misrepresentations that could damage Us, Our users or any third party;
publish any private information of someone (like their address or phone number) without their permission;
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
impersonate another person or represent yourself as affiliated with Us, Our staff or other industry professionals;
solicit a user’s password or other account information; or
harvest user names, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exclusive. We have the right to remove User Generated Content that we deem inappropriate, offensive or otherwise harmful to the purpose of operating the Services, to ensure your compliance with this EULA, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that We consider, in our sole discretion, to be in violation of this EULA or otherwise harmful to the Services.
Reporting Inappropriate User Generated Content
Any trademark, logo, copyrighted work or material, or other intellectual property or proprietary information (collectively Intellectual Property”) that appears on or through the Application or Services or that belongs to Alderwood or a third party, is subject to protection under applicable copyright, trademark, patent or other intellectual property laws and treaties of the United States and foreign jurisdictions, all rights reserved. Reproduction of Intellectual Property owned by Us or any third party is strictly prohibited.
Third-Party Content, Links, or Services
By accessing or using the Application or Services, you may come across third party content, data, information, applications, materials, posted advertisements or links to third party websites (collectively “Third Party Content”). You acknowledge and agree that Alderwood assumes no responsibility for the content, opinions expressed, accuracy, legality, decency, or any other aspect of such Third Party Content or websites, whether posted by registered users or any of the programming or third party services associated with or utilized in the Application or Services. The display of or access to Third Party Content or websites does not constitute Alderwood’s explicit or implied endorsement, approval, or control of Third Party Content and websites. You assume the risk for your access or use or the results from your access and use of Third Party Content or websites.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND SERVICES AT IS YOUR SOLE RISK AND YOU ASSUME THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING ANY DEFECT IN THE APPLICATION OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND SERVICES ARE TO YOU “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALDERWOOD DOES NOT GUARANTEE OR WARRANT THAT THE APPLICATION AND SERVICES WILL MEET YOUR REQUIREMENTS, OPERATION OF THE APPLICATION OR SERVICES WILL UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PERMITTED BY LAW, IN NO EVENT SHALL ALDERWOOD BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, OR OTHER CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ALDERWOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED. Alderwood’s total liability to you for all damages will at all times be limited to the amount you paid for Services in the past twelve (12) months. Foregoing limitations will continue to apply even if the above stated remedy fails in its essential purpose.
In the event of any third party claim against arising out of or concerning your use of the Application or Services, you agree to indemnify and hold harmless Alderwood from all claims, liability, damages, loss, costs, and expenses of any kind (including reasonable attorneys’ fees) relating to such a claim. While we do monitor, from time to time, the appropriateness of user conduct on the Application, and respond to user-generated reports of inappropriate conduct, we do not control or direct the actions of end-users, and we are not responsible for the generation of, without limitation:
(i) Content or information you share or transmit via the Application or Services;
(ii) Content or information posted via the Application or Services, however offensive, obscene, unlawful, or objectionable; or
(iii) The online or offline conduct of users of the Application or Services.
End-User Terms Required by Apple
You, the end-user, acknowledge that this EULA is concluded between you and Alderwood only, not with Apple, and We are solely responsible for the Application. You further acknowledge all of the following end-user terms as required by Apple:
Apple Usage Rules. Your access and use of Apple’s App Store and any iOS Device remains subject to the Usage Rules set forth by Apple.
Maintenance and Support. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Refund and Any Applicable Warranties. In the event of any failure of the Application to conform to any applicable warranty, (i) you mat notify Apple and Apple will refund the purchase price for the Application to you; (ii) and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
Claims. Apple is not responsible for addressing any claims that you may have arising out of your use of the Application.
Intellectual Property Rights. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights.
Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Beneficiaries. Apple and its subsidiaries are third party beneficiaries of this EULA, and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) as third party beneficiary to enforce this EULA against you.
Governing Law and Dispute Resolution
Dispute Resolution. You agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application.
Informal Negotiations: Parties to a dispute concerning this EULA or any terms incorporated by reference herein, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute with Alderwood;
Online Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
Binding Arbitration: If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each party is responsible for paying its own AAA filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
International Use Restrictions
Export Restrictions. You explicitly agree that you will not violate any applicable laws, regulations, and export control laws of the United States or foreign jurisdiction restricting the export or re-export of technical data and products provided by Alderwood, and in particular, but without limitation, the Application may not be exported or re-exported: (ii) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s or Entity lists.
Translations. In event of a dispute between the English language version and any translated versions of this EULA, the English version shall govern.
International Sale of Goods. You agree this EULA shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Foreign Jurisdictions. If you install, access, or use the Application from any other location in the world, you do so at your own risk and you are responsible for the compliance of your own jurisdiction’s laws and regulations.
The Application is a “commercial item,” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire the Application with only those rights as granted to all other end-users pursuant to this EULA and Our Terms and Policies.
Entire Agreement. This EULA together with Our Terms and Policies comprises the entire agreement between you and Us regarding your use of the Application and Services. Additional terms and conditions will govern the items to which they concern.
No Waivers. The failure of Alderwood to exercise or enforce any part of this Agreement shall not operate as a continued waiver.
Severability. If for any reason a court of competent jurisdiction finds any part of this EULA unenforceable, the remainder of this EULA shall continue to operate to the fullest extent permissible by law.
Please contact us at firstname.lastname@example.org regarding any of your questions or support issues.
Date of Last Revision: January 22nd, 2015.