The term “you” or “your” refers to any user, purchaser, or visitor of https://www.wearefreebirds.com (“the Website”), including any content, services, functionality, mobile applications, downloadable materials, courses, webinars, and masterclasses, (“the Services”). By using this Website you agree that you are at least 18 years old or of legal age in your applicable jurisdiction and eligible to form a binding contract with the Company. Collectively, you and Company will be referred to as “the Parties.”
4. ACCESS AND USE OF WEBSITE. Company reserves the right to modify or discontinue the Website or Services, or any part thereof, temporarily or permanently, with or without notice. You agree that Company will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period.
5. USER ACCOUNT. If you are provided with a username, password or any other account information, you must treat such information as confidential. You may not provide your username, password or other account information to another person or provide any other person with access to the Website or Services using your username, password, or other security information. You agree to notify us immediately of any authorized access to or use of your account, username or password. You agree to exit your account at the end of each session and exercise caution when accessing an account from a public or shared computer so that others are not able to view or record your personal information.
Provided that You are eligible to use the Site, You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which You have properly gained access solely for Your personal, non-commercial use. We reserve all rights not expressly granted to You in and to the Site, the Content, and the Marks.
All digital products are protected by intellectual property rights and are not to be resold, repackaged, shared, or distributed without the written consent of the Company.
The Company does not tolerate any infringement, exploitation, or misappropriation of its copyrighted property by You or any other third-party entities. All of the products sold on the Company’s Site are protected by copyright and trademark laws, and the Company shall use all measures to assert and protect its rights in those products and prevent them from being used by unauthorized users.
You are not permitted to share any Afton Negrea or FreeBirds™ branded products that you have purchased with any other third party or attempt to copy them in some way. Each product license is for one copy of the product software, which is licensed directly to you for your personal or business use. You are not permitted to use the Company’s product on multiple websites if you have multiple businesses or personal uses, each license is for a singular type of use. Any violation of this clause shall result in an immediate termination of your license to use the product and a fee of five thousand ($5,000.00) US dollars, not as a penalty, that you will be obligated to pay to the Company as liquidated damages for this infringement of their product and breaking your license.
7. LICENSED IMAGES AND FONTS
All images and fonts that are included in any Afton Negrea or FreeBirds™ products are either the Intellectual Property of the Company, or they are licensed intellectual property that the Company has licensed from third parties for use in its products. These licenses belong to the Company, and Your purchase of any Afton Negrea or FreeBirds™ products does not constitute a purchase, lease, assignment, or transfer of any licenses to these images contained within the products. By accepting these terms and conditions, You understand and agree that You will not tamper with, sell, transfer, copy, modify, or otherwise edit any of the licensed images in the Afton Negrea or FreeBirds™ products.
You understand that the Company has multiple Licensing Agreements with third parties who are providing these images to the Company for its products. These Licensing Agreements do not grant You any rights in these images, or any permissions otherwise to use the images except as expressly instructed by the Company for customizing your Afton Negrea or FreeBirds™ product in the manner so established by the Company. Any violation of the rights of either the Company’s rights or the third party licensors’ rights will be considered a breach of this Agreement.
You understand that if you do breach this provision, each violation will result in a charged fee of five thousand US dollars ($5,000.00), as a fee and not a penalty, that You will be obligated to pay to the Company as liquidated damages for each violation of their licensed property. You will be required to immediately halt all use of all Afton Negrea or FreeBirds™ products and will be responsible for all costs and expenses incurred by the Company in connection with the collection of this charged fee for violating the Company or third party licensors’ rights.
8. NO REPRODUCTION. You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material on the Website, except and only except as follows: i) You may print or download one copy of a reasonable number of pages of the Website solely for your own personal, non-commercial use; ii) If Company provides desktop, mobile or other applications for download you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
9. COPYRIGHT INFRINGEMENT NOTICE. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Company of your claim at [email protected]. To be effective your notification must be in writing and include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- Your address, telephone number and email address;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.
10. REPEAT INFRINGER POLICY. The Company has a policy of terminating the user accounts of repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. USER CONTRIBUTIONS. By submitting a comment, photo, video or other materials onto our Website, you agree that we have a non-revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission.
12. FEES. Fees for all Products, Courses, Webinars, Masterclasses and Memberships are set forth on the Website. We reserve the right to change the fees at any time.
13. REFUND POLICY. Due to the immediate and direct access to the services offered on this Website, Company does not offer a refund of any kind.
15. RECURRING SUBSCRIPTIONS. If you select a Service with a recurring subscription (autorenewal) you authorize Company to maintain your account and payment information and charge that account automatically upon the renewal of the Service. If you wish to terminate your subscription, you must email [email protected] at least ten (10) days prior to the renewal.
16. LATE PAYMENTS. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
18. THIRD PARTY WEBSITE LINKS. If Company, its Website or Services provide links to other sites and resources provided by third parties, including links in advertisements or sponsored links, these links are provided solely for your convenience. Company cannot control the contents of third party websites and if you choose to access third party websites you do so at your own risk. Company is not responsible for and does not endorse such third party sites. You agree that Company will not be liable for any loss or damage that may arise from your use of them.
19. MOBILE SERVICES. The Service may include certain services that are available via mobile device “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. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text messages or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
21. WEBSITE MONITORING / ENFORCEMENT. We have the right to monitor User Content and to remove or refuse to post any User Content for any or no reason in our sole discretion. We have the right to 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. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or User Content.
34. GENERAL DISCLAIMER. To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website or that the Website will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Website, Services, its related content, or any services obtained through the Website will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. The Website and Services are for informational/educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company shall not be liable for any and all liability arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We are not medical, legal, financial or other professionals, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. Nothing on this Website and Services should be construed as medical, legal, or financial advice.
24. WARRANTIES DISCLAIMER. Your use of this Website, its content, Services or items obtained through the Website is at your own risk. The Website, its content, Services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
56. EARNINGS DISCLAIMER. While we may reference certain results, outcomes or situations on this Website or Services, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements. You understand that individual results and outcomes will vary. We cannot guarantee your success merely by your access, purchase or completion of any material or products on the Website and Services. Any results displayed on the Website or Services are not guaranteed or typical. You recognize that your success is dependent on your own efforts, your particular situation, and other circumstances beyond the control and/or knowledge of Company.
26. THIRD PARTY DISCLAIMER. We are not liable for any defamatory, offensive or illegal conduct of any third parties. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the website or any services or items obtained through the Website. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and will not be responsible for them or any loss that may result from their use.
27. TECHNOLOGY DISCLAIMER. We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. The Website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all information on the Website and Services are completely accurate, complete or up to date, and disclaim liability for any such errors or omissions.
28. ASSUMPTION OF RISK. By accessing the Website, its Services and related material, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you.
30. LIMITATION ON LIABILITY. You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
32. ENTIRE AGREEMENT. This Agreement constitutes the final, exclusive Agreement between you and Company regarding the use and access of the Website. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between the you and Company regarding the Website are expressly merged into and superseded by this Agreement.
33. CONTACT. This Website is operated by Afton Negrea. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].
35. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any choice or conflict of law provision or rule
36. BINDING ARBITRATION, VENUE AND CHOICE OF LAW. Any controversy or claim arising out of or relating to this Terns of Use, or the breach thereof, including the applicability and/or enforceability of this binding arbitration provision, shall be settled exclusively by binding and non-appealable arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be three. The place of arbitration shall be the Province of Ontario. Ontario law shall apply. Each party shall pay its own proportionate share of arbitrator fees and the arbitration fees. This binding arbitration will be the Parties’ sole remedy in the event of a dispute between the Parties. The Parties waive their right to lead or participate in any lawsuit, including a class action lawsuit.
Last updated June 29, 2023