(LAST UPDATED: November 16, 2016)

Please read these terms and conditions of use carefully before using this site. By accessing and using this website at http://www.firedupdigital.com, hereafter referred to as the “site”, you explicitly agree to comply with and be bound by the follow terms and conditions, hereafter referred to as the “terms of use”.

Fired Up Digital reserves the right to change or modify these terms of use, as well as any other policy or guideline of the site, at any time and at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the site, and users waive any right they may have to receive specific notice of such changes or modifications. Continued use of the site following the posting of changes or modifications will confirm their acceptance of such changes or modifications. Please review these terms and conditions periodically, and check the last updated date to ensure you have read and understand the most up-to-date version.

General
Fired Up Digital and its subsidiaries and affiliates, hereafter collectively referred to as “Fired Up Digital”, provides users with access to this site and to the services offered by Fired Up Digital available on it, or on any other websites as indicated below, hereafter referred to as the “services”. Access to and use of the services is governed by these terms of use.

Services
The services include the Fired Up Digital website, Fired Up Digital widgets, and any other content, products and/or services available on the website. The services may also be located on third-party websites and/or applications, either as a link from an add-on service to, or otherwise in connection with, websites and/or applications that such third parties control. Nothing contained in any of the services is an offer or guarantee to sell a specific product at a specific price point, or that any advertiser will sell a product or service for any purpose, price or on any specific terms.

Third Party Advertising and Business Dealings
Fired Up Digital may run advertisements and promotions from third parties on the site or may otherwise provide information about, or links to, third-party products or services. Business dealings with, or participation in, the promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the user and that third party. Fired Up Digital is not responsible for, and does not guarantee, the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions, or as a result of such third-party information or advertisements on the website. If users have a dispute with one or more advertisers or other third parties, these terms of use release Fired Up Digital from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

User Submitted Content
Users are solely responsible for any messages, reviews, text, photos, videos, graphics, code, other content or materials, hereafter referred to as the “user content, that they post, submit, publish, display or link to on the site or send to other Fired Up Digital users. Users agree not to post, submit or link to any user or nonuser content or material that infringes, misappropriates or violates the rights of any third party, including, without limitation, the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any Federal, State or local law, rule or regulation, including fair housing laws. Users also agree not to post, submit or link to any user or nonuser content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory or fraudulent, or that is purposely false or misleading. Without limiting the foregoing, users will, at all times, adhere to the Fired Up Digital community guidelines, which are incorporated into these terms of use below.

Users agree that by posting content on the site, they grant Fired Up Digital a royalty-free, perpetual, irrevocable and fully sub licensable authorization to publish, reproduce, distribute, display, adapt and otherwise use this content in any manner on or in connection with the site, or in the course of offering services. Users understand and agree that any user content posted or submitted to Fired Up Digital may be redistributed through internet and other media channels, and may be viewed by the general public.

For specific advice on legal or financial matters, always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney or accountant.

Users understand that Fired Up Digital does not approve or control the user content posted by others, and instead simply provides a service by allowing users to access information that has been made available by others. As a provider of interactive services, Fired Up Digital is not liable for any statements, representations, or user content provided by its users on the site or in connection with the services. Fired Up Digital assumes no responsibility for monitoring the site or the services for appropriate user content or conduct, and has no obligation to screen, edit or remove any of the user content. However, Fired Up Digital does reserve the right, in its sole discretion and without notice, to monitor, screen, edit or remove any user content at any time and for any or no reason. Fired Up Digital assumes no responsibility for such user content or for the conduct of the user submitting any such content.

Enforcement of these terms of use is solely at the discretion of Fired Up Digital, and failure to enforce the terms of use in some instances does not constitute a waiver of its right to enforce them in other instances. In addition, these terms of use do not create any private right of action on the part of any third party, or any reasonable expectation that the site will not contain any content that is prohibited by these terms of use.

Users understand that Fired Up Digital does not endorse or warranty any particular content or information available via the site, nor does it guarantee the accuracy, integrity or quality of such content or information. Additionally, Fired Up Digital cannot guarantee the authenticity of any data that users may provide about themselves. Users acknowledge that by using the service, they may be exposed to user content that is offensive, indecent or objectionable. Under no circumstances will Fired Up Digital be liable in any way for any user content, including, but not limited to, any errors or omissions in any user content, or any loss or damage of any kind incurred as a result of the use of any user content posted, emailed, transmitted or otherwise made available via the site or the service. Users use the site and the services at their own risk.

Modification of Fired Up Digital Services
Fired Up Digital reserves the right to modify or discontinue the service or any portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Fired Up Digital shall not be liable to users or any third party should Fired Up Digital exercise its right to modify or discontinue the service or any part of it.

Copyright and License
All copyrighted and copyrightable materials on this site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection, arrangement and compilation of information, hereafter referred to as the “materials”, are thereof proprietary property of Fired Up Digital or its licensors or users and are protected by U.S. and international copyright laws. Users are granted a limited, non-sub licensable right to access this site, use the services and print the materials for your personal, non-commercial and informational use only. Fired Up Digital reserves the right, without notice and at its sole discretion, to terminate user license to use the site, and to block or prevent future access to or use of the site. The foregoing license grant does not include the right for users to:

a.) Publish, publicly perform or display, or distribute to any third party any materials, including reproduction on any computer network, broadcast or publications media.
b.) Market, sell or make commercial use of the site or any materials.
c.) Systematically collect and use any of the data or content, including the use of any data spiders, robots or similar data gathering, mining or extraction methods.
d.) Make derivative uses of the site or the materials.
e.) Use, frame or utilize framing techniques to enclose any portion of this site, including the images found on this site, any text or the layout/design of any page or form contained on a page.

Except for the limited license granted to users, users are not conveyed any other right or license by implication, estoppels or otherwise in or under any patent, trademark, copyright or proprietary right of Fired Up Digital or any third party. Any unauthorized use of this site will terminate the permission or license granted by these terms of use and may violate applicable law including copyright laws, trademark laws (including trade dress) and communications regulations and statutes.

Fired Up Digital does not assert copyright or grant any rights to the underlying images or descriptions that may be contained in its search results and that it derives from the source website or information provided by the website owner. Fired Up Digital uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct users to the originating website. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. Fired Up Digital does assert copyright and reserves all right to the search results and associated compilations.

Trademarks and Service Marks
“Fired Up Digital” and our logos are either trademarks, service marks or registered trademarks of Fired Up Digital or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of its suppliers or licensors. Users may not use any meta tags or any other hidden text utilizing “Fired Up Digital” or any other name, trademark, or product name of Fired Up Digital without its expressed permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Fired Up Digital, and may not be copied, imitated or used, in whole or in part, without its prior written permission. All other trademarks, registered trademarks, product names and companies’ names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Fired Up Digital.

Links to Other Sites
The services contain links to third-party websites. These third-party sites are not under the control of Fired Up Digital. Fired Up Digital provides these links to users only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Fired Up Digital of the site or any information contained therein. Fired Up Digital is not responsible or liable for the contents of any linked site. Users should undertake whatever investigation they feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this site to visit a link to a third-party website, users should be aware that Fired Up Digital’s terms and policies no longer govern, and, therefore, users should review the applicable terms and policies, including privacy and data gathering practices, of the third-party site.

Digital Millennium Copyright Act Compliance
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to internet service providers (17 U.S.C. § 512), Fired Up Digital has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, subscribers or account holders who are deemed to be repeat infringers. If users believe their work has been copied and has been posted to this site in a way that constitutes copyright infringement, please provide Fired Up Digital’s copyright agent the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that claimed to have been infringed upon.
  • A description of where the material claimed to be infringing is located on the website.
  • Your address, telephone number, and e-mail address.
  • A statement that there is a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the above information in the notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Before sending a notice to Fired Up Digital, users should confirm that they are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for Fired Up Digital’s copyright agent, whom users should contact for notice of claims of copyright infringement, is provided below.

DMCA Agent: Maciej Godlewski

Address: 203 Franklin St
Cambridge, MA 02139, USA

Phone: (347) 687-6645
E-mail: info@firedupdigital.com

Indemnification
Users agree to defend, indemnify and hold Fired Up Digital harmless from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any user content they post, store or otherwise transmit on or through the site. This includes their use of the site and the service, including, without limitation, any actual or threatened suit, demand, or claim made against Fired Up Digital arising out of, or relating to, the user content, their conduct, their violation of these terms of use, or their violation of the rights of any third party.

No Warranties
This site, the materials, and the services are provided on an “as is” basis without warranties of any kind, either express or implied. Users expressly agree that use of this site, including all content or data distributed by, downloaded or access from or through this site, is at your sole risk. Fired Up Digital disclaims all warranties, express or implied, including, but limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, materials and content on the site. Fired Up Digital does not represent or warranty that materials on this site are accurate, complete, reliable, current or error-free. Fired Up Digital is not responsible for typographical errors or omissions relating to pricing, text or photography.

Limitation of Liability
In no event shall Fired Up Digital, its officers, directors, agents, affiliates, employees, advertisers or data providers be liable for any direct, special, incidental, consequential or punitive damages including, but not limited to, the loss of use, loss of profits or loss of data, whether in an action in contact, tort (including, but not limited to negligence), equity or otherwise, arising out of, or in any way connected with, the use of this site, the materials or the services. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply.

Disclaimer of Responsibility for Third Party Content
Fired Up Digital may provide third-party content on the site and may provide links to webpages and content of third parties, hereafter collectively referred to as the “third-party content”, as a service to those interested in this information. Fired Up Digital does not monitor or have any control over any third-party content or third-party websites. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Fired Up Digital. In many instances, the content available through this site represents the opinions and judgments of the respective information providers or users. Fired Up Digital does not endorse or adopt any third-party content, and is not responsible for, and does not guarantee, the accuracy, completeness or reliability of any third-party content, or any opinion, advice or statement made on the site by any third party. Users use such third-party content contained therein at their own risk.

Digital Imagery and Content
No copyright infringement is intended for any and all images appearing on the Fired Up Digital website and/or blog. Website images are sourced from free-use websites such as Pexels or Pixabay and download licenses are retained for reference and posterity.

Choice of Law, Waiver and Claims
These terms of use shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. Fired Up Digital’s failure to exercise or enforce any right or provision of the terms of use will not be deemed to be a waiver of such right or provision. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration
Any controversy or claim arising out of or relating to these terms of use or the services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Fired Up Digital or the arbitrating user may seek any interim or preliminary relief from a court of competent jurisdiction in Boston, Massachusetts, as necessary to protect the rights or property of that user or of Fired Up Digital.