All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, meta tags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever without explicit permission. The FreedomKit trademark and logo are proprietary marks of FreedomKit, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by FreedomKit.License TermsSubject to your continued strict compliance with these Terms, FreedomKit grants you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.If you purchase a subscription to FreedomKit software through the Website, FreedomKit grants you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the software. You acknowledge and agree that:
You agree not to use or attempt to use the Website or any software provided by FreedomKit, whether alone or in conjunction with other software or hardware, in any unlawful manner or in a manner harmful to FreedomKit. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through the use of any software or hardware, including, but not limited to, refraining from:
Additional Services and Pay-As-You-Go FeesScope of Lifetime OfferThe lifetime offer provided by FreedomKit ("Company", "we", "us", or "our") grants users access to use of the FreedomKit platform for the duration of the user's life or until the service is no longer available, whichever is shorter. It is important for our customers ("you") to understand that certain services, specifically those provided under the FreedomKit LC Lead Connector services, are not included within this lifetime offer due to the ongoing costs associated with providing these services.The excluded services include, but are not limited to:
These services are excluded from the lifetime offer due to the costs we incur from third-party service providers necessary for the delivery of these services.Prohibition of SMTP Usage for Email CircumventionYou are expressly prohibited from using SMTP or any other method to circumvent the pay-as-you-go email services provided by FreedomKit LC Lead Connector. Such actions are considered a violation of these Terms and may result in the suspension or termination of your account.Pay-As-You-Go ServicesThe excluded services mentioned above are available on a pay-as-you-go basis. Charges for these services will be billed to you in increments of $10 USD. The prices for these services can be found within our software and are subject to change at any time without prior notice.Account Charging and CreditsTo use the pay-as-you-go services, you must charge your account with credits ranging from $10 USD to $100 USD at a time. These credits will be used to pay for the pay-as-you-go services you utilize. It is your responsibility to ensure that your account has sufficient credits to cover the cost of the services you wish to use.Third-Party Integrations and Service OptionsWe may offer integration with third-party services such as SMTP, Twilio, SendGrid, or Mailgun to enhance the functionality of the FreedomKit LC Lead Connector services. You acknowledge that these third-party integrations can be turned off in your account at any time, at our sole discretion. In such cases, using the FreedomKit LC Lead Connector services may be your only option for certain functionalities.Agreement to TermsBy using the pay-as-you-go services, including FreedomKit LC Lead Connector services, and by refraining from circumventing these services through unauthorized means, you agree to these terms and acknowledge that you will be responsible for the payment of these services as described herein. We reserve the right to modify the terms of the pay-as-you-go services, the pricing structure, or the availability of third-party integrations at any time, with notice provided to you in accordance with these Terms and Conditions.Harmful or Prohibited ActsAny dishonest or unethical business practice; any violation of the law; infliction of harm to FreedomKit’s reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; deceptive manipulation of media; and the violation of the rights of FreedomKit or any third party are strictly prohibited.Spamming and Unsolicited CommunicationsWe have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you that are reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be considered a material threat to FreedomKit’s reputation and the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.Offensive CommunicationsAny communication sent, posted, or authorized by you, including but not limited to postings on any website operated by you, social media, or blog, which are sexually explicit, obscene, vulgar, pornographic, offensive, profane, hateful, threatening, harmful, inciting, defamatory, libelous, harassing, discriminatory, misleading, false, misinforming, graphically violent, or solicitous of unlawful behavior, is prohibited.Sensitive InformationYou will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by, or connected to FreedomKit, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health, or financial information of any kind.Illegal Business ActivityAny promotion of illegal business activity, including but not limited to multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing), promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil), or infringing or promoting the infringement of the intellectual property rights of another is prohibited.
Best Practices for Sending Electronic CommunicationsIn addition to the foregoing, FreedomKit requires you to follow these best practices when sending electronic communications:
You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of FreedomKit or otherwise.
Our Privacy Statement outlines how we collect, use, and protect your personal information. You can review the Privacy Statement at any time by visiting https://FreedomKit.com/privacy-policy. The Privacy Statement is subject to change at FreedomKit's discretion. Any modifications will be effective immediately upon posting, and your continued use of the Website constitutes your acceptance of those changes. It is your responsibility to review the Privacy Statement periodically to stay informed of any updates.
Data Processing Addendum (DPA)If you and/or your end users are located in the European Union or the United Kingdom, our Data Processing Addendum ("DPA") will apply to the processing of personal data. The DPA outlines our responsibilities and your obligations under data protection laws, including the General Data Protection Regulation (GDPR). The DPA is also subject to change at FreedomKit's discretion, and any modifications will be incorporated into this Agreement by reference.Incorporation by ReferenceBoth the Privacy Statement and the DPA are incorporated into these Terms by reference. By using the Website, you agree to the terms set forth in these documents. If you do not agree with the Privacy Statement or the DPA, you must discontinue your use of the Website and related services immediately.
You are also responsible for safeguarding any proprietary or non-public information we may share with you as a FreedomKit user, including but not limited to technical information, pricing, business strategies, and data regarding other past or current FreedomKit users or their customers.Prohibition on Sub-Accounts and White-Label ServicesFreedomKit does not offer sub-accounts or white-label services. Each account is intended for use by a single entity or individual, and the use of FreedomKit services to offer white-label solutions or sub-account functionality to third parties is strictly prohibited. Any attempt to provide third-party services under a FreedomKit account, including but not limited to white-label offerings or sub-account management, is a violation of these Terms and will result in the termination of your account or additional fees, at FreedomKit’s sole discretion.
Agency Accounts ProhibitionSo-called “agency accounts,” or accounts in which you host funnels, services, or software access for third parties, are prohibited. If FreedomKit determines, in its sole and exclusive discretion, that you are operating an agency account, your FreedomKit user account may be subject to cancellation or enhanced pricing, at FreedomKit’s sole discretion.
You are fully responsible for all transactions conducted and information conveyed under your user account. You agree to immediately notify FreedomKit of any unauthorized use of your password or user name or any other breach of security related to your account. FreedomKit is not liable for any loss or damage arising from your failure to comply with these obligations, and you agree to hold FreedomKit harmless in such events.Please see Section 21 below for additional information regarding your responsibilities and liabilities.
If you wish to cancel a subscription, you may do so by logging into your account and navigating to the billing section, where you can cancel your subscription with a click of a button. Alternatively, you can request cancellation by sending an email to [email protected].
When you cancel a subscription, you will continue to receive the benefits of that subscription until the end of the current billing period. No refunds will be issued for any portion of the subscription fees already paid for the current or prior billing periods.
Example: If you cancel a monthly subscription on March 7th, you will continue to receive the benefits of that subscription until March 31st. No refund will be issued for any portion of the March subscription fee, and you will not be billed for or receive benefits after March 31st.
Multi-Payment Option CancellationsIf you choose a multi-payment option for a single subscription period and cancel the subscription during that period, you will continue to receive the benefits of the subscription until the end of the period. However, you must fulfill your obligation to make all remaining payments for that subscription period.Example: If you cancel an annual subscription in May that you agreed to pay for in quarterly installments (January 1st, April 1st, July 1st, and September 1st), you will continue to receive the benefits of that subscription until the end of the year. No refund will be issued for any portion of the annual subscription fee already paid, and you must make the two remaining quarterly payments (July 1st and September 1st). You will not be billed for or receive benefits after the end of the annual subscription period.Timing of Cancellation RequestsDo not wait until the end of a billing or subscription period to submit a cancellation request, as such requests are typically processed within 2 to 3 business days after receipt. To expedite processing, we recommend that you email your cancellation request and provide your account/subscription number, if available.Upon processing your cancellation request, we will confirm your subscription cancellation by email or postal mail.
FreedomKit will send you an email reminder that your trial period is ending at least 7 days before your payment method is charged. If you do not wish to continue your subscription after the trial ends, you must contact us at least 24 hours before the end of your trial period by submitting a cancellation request via our support email at [email protected], or by canceling your trial through your Account Dashboard as detailed on the Website.If you do not cancel at least 24 hours before the end of your trial period, your subscription will automatically continue, and the payment method you provided at the time of enrollment will be charged the full FreedomKit monthly membership subscription rate as listed at the time of your enrollment.Your subscription will continue to renew monthly until you cancel. FreedomKit reserves the right to change the monthly subscription rate at any time. If the subscription rate changes after you have subscribed, we will notify you by email and provide an opportunity to cancel before the new rate takes effect.Cancellation After trial or Discounted PeriodIf you wish to cancel your FreedomKit subscription (including subscriptions for services) at any time after the trial or discounted period ends, you must submit a cancellation request via our support email at [email protected] or through your Account Dashboard. For monthly subscriptions (including subscriptions for services), we require at least ten (10) days' notice of cancellation by email. If you provide less than ten (10) days' notice before the start of your next subscription month, your payment method may still be charged. You will not be entitled to prorate your final month of use, nor will you receive a refund for any payments made to FreedomKit.FreedomKit reserves the right, at its sole discretion, to charge a cancellation fee equal to the amount discounted on your subscription.
Users may pay by credit card, debit card, or other approved payment methods. Payment details are collected through our secure financial data collection mechanism. You acknowledge and agree that we retain certain transaction-related data, such as the last four digits and expiration date of the payment method used, along with details of when payments are due. Payments are due on a recurring basis according to the terms of the specific service purchased, and by subscribing, you authorize the automatic collection of payments for the specific service (e.g., on a monthly basis for a specific amount).Automatic Payment ProcessingIf you are a FreedomKit user with a monthly subscription and have provided us with a valid credit or debit card number or an alternate payment method, each payment will be automatically processed on your designated payment date (monthly) and will be billed to the payment method you provided during enrollment. If you wish to cancel your subscription, you may do so through your Account Dashboard or by emailing [email protected] at least ten (10) days before the start of your next subscription month.Account Termination and Unpaid ChargesFreedomKit reserves the right to immediately terminate a user’s account and/or service for any unpaid period of the subscription, whether in whole or part, with or without notice. Termination of service does not relieve or excuse the user from any obligation to pay outstanding charges or expenses. Should FreedomKit initiate collection processes for unpaid balances, you will be liable for all associated collection costs, including legal fees and expenses.TaxesIn addition to any Fees, FreedomKit may also charge applicable value-added taxes (VAT) or other taxes as required by law.
We will make commercially reasonable efforts to fulfill your order within a reasonable time after receiving your properly completed and verified order. It is your responsibility to provide accurate shipping address and contact information, including a valid phone number. Any errors in this information may result in delays, and we will not be held responsible for such delays. Delivery Timeframes and EstimatesWhile we may provide estimated delivery or shipment timeframes at the time of your order, these dates are good-faith estimates and are subject to change. Should your order be delayed, we will contact you using the email address provided during the order process. If we are unable to contact you, or if you decide to cancel your order due to the delay, we will cancel the order and issue a full refund for the amount charged.Liability for DelaysFreedomKit shall not be liable for any loss, damage, cost, or expense arising from delays in shipment or delivery caused by third-party carriers or other delivery services not owned or controlled by FreedomKit. The risk of loss and title for physical items passes to you upon our delivery of the items to any third-party carrier.
By accessing, using, subscribing to, or placing an order through the Website, you authorize FreedomKit to charge your account for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will take effect on the first day of the month following your requested downgrade. Your continued use of FreedomKit services constitutes your acceptance of any price changes, and you agree that FreedomKit may charge your credit card or other payment method monthly for the selected products and services, even if there are price adjustments.
FreedomKit reserves the right to modify, update, or discontinue any part of the software or services at any time without prior notice. This includes, but is not limited to, third-party services or integrations such as Twilio, SendGrid, Mailgun, or any other Marketplace apps. FreedomKit may also discontinue pay-as-you-go services or other features without notice. Users are responsible for ensuring their usage complies with the updated terms and features.
FreedomKit takes reasonable steps to ensure that the prices and descriptions listed on the Website are accurate and up-to-date. However, we do not guarantee that product or service descriptions are error-free, complete, or current. If the actual price of a product is higher than the price listed on the Website, we will, at our discretion, either contact you for instructions before processing the order or cancel your order and notify you of the cancellation.
When ordering products or services, please be aware that FreedomKit does not warrant that the descriptions or packaging of products or services will always match the actual items you receive. All sales are final except as outlined in Section 6 of these Terms. FreedomKit’s descriptions of, or references to, products or services not owned by FreedomKit are not intended to imply endorsement or constitute a warranty of those products or services by FreedomKit.
FreedomKit provides support during standard business hours, Monday through Friday, 9:00 AM to 5:00 PM, excluding public holidays. Response times to support requests may vary depending on ticket volume and other factors, typically ranging from 24 to 72 hours. Support is limited to issues directly related to the functionality of FreedomKit’s software and services. FreedomKit does not offer 24/7 support and is not liable for delays in response or issues arising from circumstances beyond our control, including but not limited to high ticket volumes, server issues, or third-party service disruptions.
Results May VaryEvery online business is unique, utilizing different strategies, structures, and offerings, which results in varying outcomes from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY based on numerous factors specific to your business, including but not limited to your content, business model, and the products and services you offer.No Guarantees of SuccessFreedomKit does not promise, guarantee, or warrant the success, income, or sales of your business. You acknowledge and understand that FreedomKit will not provide sales leads or referrals to you or your business at any time. Businesses that purchase our products or services will receive access to software and tools designed to create internet sales funnels and support their respective online offerings. However, we do not guarantee the success of your business, and the applicability of our software and tools to your specific business is subject to many market factors beyond our control.No Earnings ClaimsFurthermore, FreedomKit does not make claims regarding earnings, effort, return on investment, or any other guarantees that our software, tools, or other offerings will generate any specific amount of revenue for your business. It is possible that you may not recover your investment. FreedomKit does not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or business in a box. If your expectation is guaranteed success or earnings, you should not purchase our products or services. Instead, you should understand that the use of our information and software will require time, effort, and may only be effective in certain situations.No Professional AdviceAdditionally, FreedomKit does not provide tax, accounting, financial, or legal advice. You should consult with your business’ accountant, attorney, or financial advisor for guidance on these matters.
You represent and warrant that you operate a business in good standing and affirm that there are no prior or pending government investigations or prosecutions against you or your business. You agree to use FreedomKit’s products and services strictly for lawful purposes and will not engage in any unlawful or harmful activities in connection with FreedomKit’s offerings, whether used independently or in combination with other software, hardware, or services.
Compliance with Laws and RegulationsYou are solely and exclusively responsible for ensuring that your business complies with all applicable laws and regulations, including but not limited to those governing advertising and marketing claims, subscriptions, refunds, premium offers, tax obligations, and any other laws relevant to your business operations. FreedomKit is not responsible for any legal compliance issues related to your business activities.
Notification of Legal ActionsYou agree to notify FreedomKit immediately if any investigation or lawsuit is threatened or filed against you. In such cases, FreedomKit reserves the right to terminate this Agreement without liability. FreedomKit assumes no responsibility or liability for your violation of any laws.Tax ResponsibilitiesYou are solely responsible for collecting, reporting, and remitting any and all sales and use taxes, as well as any other taxes applicable to your business’s sales of products or services. This includes, but is not limited to, taxes that may apply to voluntary donations provided by your customers (as described in Section 13 below). FreedomKit is not responsible for collecting, reporting, or remitting any taxes related to your business activities.
IndemnificationYou agree to indemnify and hold FreedomKit harmless as outlined in Section 21 of these Terms in the event that you or your business violates any law and a claim is threatened or asserted against FreedomKit as a result.
At its sole discretion, FreedomKit may offer you and your customers the option to "round up" purchases at checkout by specified dollar amounts (e.g., one, three, five, or ten dollars) to be donated to charitable organizations such as Village Impact and/or Operation Underground Railroad. These organizations are tax-exempt under Section 149 of the Canadian Income Tax Act and Section 501(c)(3) of the U.S. Internal Revenue Code of 1986, as amended (each, individually, a “Charity”).
Processing of Round-Up DonationsYou agree that any “round up” donation amounts will not be charged as a separate transaction but will be included in the total purchase price charged to your customer. FreedomKit will hold these donations in a separate, non-interest-bearing account until they are transferred to the designated Charity. All "round up" donations will be irreversibly transferred to FreedomKit, acting as agent and nominee for the Charity. Once transferred, neither you nor your customers will be entitled to a refund of any "round up" donations, even if a customer returns the purchased items.Tax ResponsibilitiesYou understand and agree that “round up” donations may be subject to sales tax. It is your sole and exclusive responsibility to collect and report any applicable sales tax on these donations as part of your business’s transactions with customers. Furthermore, you acknowledge that “round up” donations may not be tax-deductible for you or your customers.
FreedomKit's Role as Agent for CharitiesFreedomKit acts as a nominee and agent for the Charity regarding any “round up” donations. FreedomKit will transfer the collected donations to the designated Charity as soon as practicable, and in no event later than sixty (60) days after receipt of each donation. FreedomKit assumes no responsibility or liability for the tax implications or deductibility of these donations.
If you are a FreedomKit user who signs up as an affiliate partner through affiliates.FreedomKit.com, you may earn a commission when someone (a “Prospect”) starts a FreedomKit paid account using your Affiliate Link. After the fourteen (14) day trial period ends and the Prospect makes a payment, a “Sale” is registered, and the account becomes a “Sold Account.”
Commission StructureThe commission amount currently starts at twenty-five percent (40%) of the sale. Once your earned commission reaches $100 (USD) or more, you must register with our third-party payment provider to receive payment. By doing so, you authorize these third-party companies to contact you. Before you can receive payment, you must provide certain required information (e.g., a completed W-8 or W-9 form). If you do not provide the necessary information within one hundred and twenty (120) days of earning the commission, you will be deemed to have permanently waived all rights to that commission.Tax ResponsibilitiesIf you are not a U.S. resident, applicable taxes (including, but not limited to, VAT) may be withheld where required by law. You are solely responsible for complying with all tax laws in your respective jurisdiction(s), including the payment of all required taxes and the filing of all returns and other necessary documents with the relevant authorities.Affiliate Program TermsFreedomKit may offer you the opportunity to become an independent FreedomKit affiliate (“Affiliate”), allowing you to earn additional income by selling FreedomKit accounts to other users. This opportunity is subject to your acceptance of the terms outlined in the FreedomKit Affiliate Agreement (the “Affiliate Agreement”). FreedomKit reserves the sole and exclusive right to determine the remuneration for each Affiliate based on their efforts, as further detailed in the Affiliate Agreement.
Independent Contractor StatusAffiliates are independent contractors and not employees or agents of FreedomKit. Affiliates have no authority to act on behalf of, or bind, FreedomKit in any way. Affiliates are solely and exclusively responsible for all costs and other expenses incurred in their role as an Affiliate.For clarity, all Sections of these Terms apply to you in your role as an Affiliate, unless expressly stated otherwise.
FreedomKit values feedback from users and customers and welcomes your comments regarding our services and products. By submitting testimonials, reviews, or other content, you agree that FreedomKit may use these materials in whole or in part, along with your name, city, and state, as provided by you. Such materials may be used for any purpose related to FreedomKit’s services or products, in both printed and online media, as determined by FreedomKit in its sole and exclusive discretion.Use of TestimonialsTestimonials represent the unique experiences of the participants and customers who submit them. These testimonials do not necessarily reflect the experiences that you or your business may have when using our services or products. As noted in Section 11, your business results will vary depending on a variety of factors unique to your business and external market conditions that are beyond FreedomKit’s control.Licensing and RightsBy submitting testimonials, photographs, reviews, or any other content to FreedomKit, you agree that such materials will be treated as non-confidential and nonproprietary. By providing these materials, you grant FreedomKit a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media or format, whether now known or hereafter developed.Editing and DiscretionFreedomKit reserves the right to correct grammatical errors, typographical errors, and to shorten testimonials or reviews before publication or use. FreedomKit may also review all submitted materials prior to publication or use and is under no obligation to use any testimonial, review, or part thereof.
As a FreedomKit user and/or Affiliate, whether or not you display the FreedomKit Badge, you are required to comply with all applicable laws, both U.S. and foreign. This includes, but is not limited to, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (such as the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and any similar laws. You must also comply with laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, and import/export regulations.Responsibility for Legal ComplianceYou are solely responsible for ensuring compliance with all applicable laws, rules, regulations, and court orders in any jurisdiction that applies to you, your business, and any recipients of digital messages sent using our products or services. It is your responsibility to be aware of, understand, and ensure that you and all users of your account comply with all applicable laws at all times.Use of Messaging SoftwareIf you use any messaging software, including any FreedomKit-provided messaging software now existing or developed in the future, or any other messaging system, software, or hardware provided by you or a third party, you agree to comply with all applicable laws concerning the sending of messages, including but not limited to the federal Telephone Consumer Protection Act.Indemnification and ResponsibilityYou agree to indemnify and defend FreedomKit from any claims, damages, losses, and lawsuits of any kind that may be brought against FreedomKit as a result of your violation of any laws or third-party rights related to your use or misuse of any messaging software or hardware, whether or not provided by FreedomKit.Third-Party Software CompatibilityYou further understand and agree that FreedomKit has no control over, and is not responsible for, the functionality or failures of any third-party software, including but not limited to Facebook, Facebook Messenger, and internet browser notifications. FreedomKit DOES NOT WARRANT THAT ANY FreedomKit MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:The Website and all content are provided on an "AS IS," "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to warranties of title, implied warranties of merchantability, or fitness for a particular purpose. We make no, and expressly disclaim any and all, representations and warranties regarding the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this Website.Specifically, we do not represent or warrant, and expressly disclaim that:
All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, in no event shall FreedomKit, or any of its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents, be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims arising from or related to this Agreement, including the Privacy Statement and Data Processing Addendum (DPA), the services or products, your or any third party’s use or attempted use of the Website, any software, service, or product, regardless of whether FreedomKit has been advised of the possibility of such damages, fees, costs, or claims.This includes, without limitation, any:
These limitations apply regardless of how damages are allegedly caused and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise.In no event shall FreedomKit’s liability to you or your business exceed the greater of:
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS' RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, the DPA, the Affiliate Agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof.We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration.The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, the DPA, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or FreedomKit.The arbitration shall be governed by the substantive laws of the State of Florida, without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.You and FreedomKit agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class-wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party.You and FreedomKit expressly waive any right to pursue any class or other representative action against each other.Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims, except that all claims must be brought within 1 year after the claim arises (the 1-year period includes the one hundred and twenty (120) day informal resolution procedures described above).This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.This provision survives termination of your account or relationship with FreedomKit, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply.If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
To prevent or limit irreparable injury to FreedomKit, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of FreedomKit or a third party, FreedomKit shall be entitled to seek a temporary restraining order, preliminary and permanent injunctions, or other equitable relief from a court of competent jurisdiction located in the State of Florida, restraining such breach, threatened breach, infringement, or threatened infringement.Nothing in this Agreement shall be construed as prohibiting FreedomKit from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Florida for all such claims and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless FreedomKit, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to: (1) your use, misuse, or attempt to use the Website, software, products, or services; (2) information you submit or transmit through the Website; (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement; or (4) your violation of any law or the rights of a third party.
If you believe that materials or content available on the Website infringe any copyright you own, you or your agent may send FreedomKit a notice requesting that FreedomKit remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send FreedomKit a counter-notice. Notices and counter-notices should be sent to FreedomKit, Attention Legal Department, PO Box 770965, Winter Garden, Florida 34777, or by e-mail to [email protected]. These Terms fully incorporate by reference the DMCA Policy.
The Website may contain links to other websites. FreedomKit assumes no responsibility for the content, privacy policies, or functionality of any non-FreedomKit website to which we provide a link. Please see our Privacy Statement for more details.
This Agreement will take effect (or re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW,” “PURCHASE,” “I ACCEPT,” “I AGREE,” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter payment method information, whichever occurs first. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement or violated any law, whether in connection with your use of FreedomKit or otherwise, we may terminate this Agreement or suspend your access to the Website at any time without notice to you.Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with FreedomKit. Upon termination, you remain responsible for any outstanding payments to FreedomKit.
No failure or delay on the part of FreedomKit in exercising any right, power, or remedy under this Agreement shall operate as a waiver of that or any other right, power, or remedy. Similarly, no single or partial exercise of any such right, power, or remedy shall preclude any other or further exercise of that or any other right, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if it is in writing and signed by FreedomKit.
This Agreement, and any issue or dispute arising out of or related to this Agreement, your access to or use of the Website, our Privacy Statement or DPA, or any matter concerning FreedomKit, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of the State of Florida without regard to its conflicts of laws principles.To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Wilmington, Florida, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class-wide or representative basis.
FreedomKit shall not be liable for any delay, damage, or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of nature, government restrictions, natural disasters, labor strikes, supply chain disruptions, internet or communication failures, or any other event or circumstance beyond our reasonable control.
FreedomKit reserves the right to assign or transfer its rights and obligations under this Agreement at any time, without prior notice to you. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of FreedomKit or its assigns.
All communications and interactions on the Website are considered electronic communications. By engaging with FreedomKit through the Website or via other electronic means, including email, you acknowledge and agree that these communications are equivalent to written communications. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing and have the same legal force and effect as if they were signed in writing by the party sending the communication.
You can review the most current version of the Terms at any time at https://www.FreedomKit.com/termsFreedomKit reserves the right, at its sole discretion, to update, change, or replace any part of this Agreement, including the Privacy Statement or DPA, by posting updates and changes to our Website. It is your responsibility to review the Website periodically for any changes. Your continued use of or access to our Website following the posting of any changes constitutes your acceptance of those changes.
You further represent and warrant: (1) that you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) that you have read this Agreement and thoroughly understand and agree to its terms; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website.You further represent that FreedomKit has the right to rely upon all information provided by you, and FreedomKit may contact you, your business, and any subaccounts you create by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed or considered placing on or through the Website.You also represent and warrant that there are no prior or pending government investigations, inquiries, or prosecutions against you or any business related to you by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you.If at any time during the term of this Agreement, you or any business related to you becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify FreedomKit within twenty-four (24) hours. FreedomKit, at its sole discretion, may terminate this Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by FreedomKit, without incurring any obligation or liability to you.
If any provision of this Agreement is found by an arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Such invalid or unenforceable provision may be modified or severed from this Agreement to the extent necessary to make it enforceable and consistent with the remainder of the Agreement, without affecting the validity or enforceability of the remaining provisions.
These Terms, along with the Privacy Statement, DPA, and any policies or operating rules posted by us on the Website or related to the Website, constitute the entire agreement and understanding between you, your business, and FreedomKit. This Agreement governs your access to and use of the Website, as well as your ordering, purchasing, use, and/or attempted use of any service or product. It supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and FreedomKit. Any future services and/or features offered through the Website shall also be subject to this Agreement and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to [email protected].If you have any questions or inquiries concerning these Terms, you may contact FreedomKit by email at [email protected].For additional inquiries, please feel free to send an email to the relevant address listed below:
Notices to you may be made by posting a notice (or a link to a notice) on https://www.FreedomKit.com/terms and such other sites we own and control, by email, or by regular mail, at FreedomKit’s discretion.