˙TERMS OF USE
Last Modified: 5/20/22
FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS OF USE, TOGETHER WITH ANY DOCUMENTS THEY EXPRESSLY INCORPORATE BY REFERENCE ("Terms" or "Terms of Use" or "Agreement") CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. PLEASE NOTE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
If any provision of these Terms is determined by a court to be unlawful, void, or for any reason unenforceable, then that provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
1. TERMS
These Terms, together with the additional conditions of your Subscription (as defined in Section 2.2), constitute a legally binding agreement between you and Axon Enterprise, Inc. or one of its subsidiaries or affiliates (collectively, “FRN,” “us” or “we”) and govern your use of the FRN platform. The programming, promotional and other content that is available through the FRN platform is referred to as “Content”. This Content along with all other elements of the FRN platform including its features, user interface, software, and all associated mobile application(s), website(s) (such as https://firstrespondersnetwork.com ) and other technology platforms are collectively referred to in these Terms as the “Platform”. The Platform provides you with access to the Content streamed over the internet to compatible devices. References to “you” in these Terms may also include any “Authorized Users” (as defined in Section 2.2). Our Privacy Policy describes how we treat your personal information and how we communicate with you and can be viewed at https://firstrespondersnetwork.com. Your access or use of the Platform confirms that you have read, understood, and agreed to the Agreement on behalf of yourself and on behalf of any Authorized Users.
2. YOUR ACCOUNT AND SUBSCRIPTION
2.1. ELIGIBILITY CRITERIA:
You must reside within one of the fifty (50) states of the United States of America (“U.S.”), the District of Columbia, or certain U.S. territories as set forth in Section 5.8 (the "U.S. Service Area") in order to subscribe to the Platform (the “Eligibility Criteria”).
2.2. CREATING YOUR FRN ACCOUNT AND PURCHASING A SUBSCRIPTION:
Creating your FRN Account. To access the Platform, you must create an FRN account (an “FRN Account”), and have an active subscription (the “Subscription”) with a current, valid, accepted method of payment, as may be updated from time to time (a “Payment Method”) with us or with a third party that has been authorized to provide Subscriptions to the Platform (each, a “Subscription Provider”). If you purchase your Subscription directly from us, you will create your FRN Account at the same time you make your initial purchase. If you purchase your Subscription through a Subscription Provider other than us, you may need to take additional steps to set up your FRN Account, including leaving your Subscription Provider’s platform to confirm your information directly with us. Your Subscription will be automatically validated each time you sign-in to the Platform. However, you will have to link your Subscription to your FRN Account if you enter into a new Subscription with a different Subscription Provider.
Direct-to-Consumer Subscriptions. You may purchase a direct-to-consumer Subscription through FRN directly. Either we or our authorized vendor(s) (the “Payment Service”) will process the Payment Method. You should direct any payment questions to FRN Customer Support. By providing a Payment Method to us, you agree that we or our Payment Service are authorized to periodically charge the applicable Subscription fee including any applicable taxes and service fees (the “Subscription Fee”) on a recurring basis until you duly cancel your Subscription. You may edit your Payment Method by signing into your FRN Account and viewing your Subscription details. We or our Payment Service will attempt to verify the Payment Method you provide, and may do this by processing an authorization hold, which is a standard practice. If your Payment Method expires and you do not update your Payment Method or duly cancel your Subscription before it automatically renews, you authorize us and/or our Payment Service to continue billing, and you will remain responsible for any uncollected amounts. If a valid Payment Method is not activated on your FRN Account when a payment becomes due, we may suspend or cancel your Subscription.
Subscriptions with Third-Party Subscription Providers. If you purchase a Subscription through a Subscription Provider other than FRN, your Subscription Provider will process your Payment Method and give you further details on how to sign in or create your FRN Account. If you have questions about payments through your Subscription Provider, please contact your Subscription Provider directly.
Third-Party Services and Content. The Platform may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content and are not responsible for the products and services provided by such third parties. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. If you access the Platform using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this Agreement. However, these third-party beneficiaries are not a party to this Agreement and are not responsible for the provision or support of the services. You agree that your access to the Platform using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
Multiple Subscription Offerings and Plan Switching. We may offer multiple Subscription plans to access the Platform. Each Subscription plan may offer different Content availability, functionality, device compatibility or have certain conditions or limitations, which will be disclosed during your sign-up or in other materials describing the Subscription plan. You may be able to change your Subscription from one plan to another. Additional terms applicable to the switching of a Subscription plan (such as the applicable charges and changes to billing dates) will be provided when you select the "Switch Plans" option in your Account settings on the Platform.
2.3. FREE TRIALS AND PROMOTIONAL OFFERS:
Free Trials. The Platform may be made available to you on a free trial basis for a limited time (“Trial Subscription”). The duration of each Trial Subscription will be specified at sign-up. Trial Subscriptions are limited to new Platform subscribers, unless otherwise specified. Your eligibility for a Trial Subscription will be determined by your Subscription Provider. These Terms apply to any Trial Subscription, unless otherwise specified.
At the time of signing up for a Trial Subscription, you must provide a valid Payment Method in order to use the Platform during the Trial Subscription period. Your Payment Method will not be charged during the Trial Subscription period.
UNLESS YOU CANCEL YOUR TRIAL SUBSCRIPTION BEFORE THE EXPIRATION OF YOUR TRIAL SUBSCIPTION, THE SUBSCRIPTION FEE FOR THE PLATFORM WILL BE CHARGED TO YOUR PAYMENT METHOD ON THE SUBSCRIPTION RENEWAL DATE.
If we offer you a Trial Subscription or other promotional pricing for a Subscription, the specific terms of the offer will be disclosed during your sign-up or in other materials describing the offer. In each case, after your Trial Subscription or promotional pricing period ends, the Payment Service will begin billing using your Payment Method for your Subscription at the regular Subscription Fee unless you cancel before the offer period ends. We will not notify you that your Trial Subscription or promotional pricing offer is about to end unless we are required to do so by applicable law.
To find additional details about your Trial Subscription, including the date the Trial Subscription ends, please visit the “Subscription” screen in your profile on the Platform for the latest information contained in our records or contact your Subscription Provider directly.
Promotional Offers. In the event of a new/subsequent discount or promotional offering after you sign-up for the Platform, no refunds, adjustments, or price protection will be applied to your Subscription Fee. New customers may take advantage of any “new customer” promotion only once. Requirements for a special promotion will be stated at the time each offer is presented. We will determine promotional offer eligibility at our sole discretion, and we reserve the right to revoke a promotional offer if we determine you are not eligible.
2.4. PAYMENTS; BILLING CYCLE AND CANCELLATION:
Ongoing Subscription. By creating an account with a Subscription Provider and providing the Subscription Provider with a Payment Method, you agree to pay the Subscription Provider a Subscription Fee. Subject to Section 2.3 (“Free Trials and Promotional Offers”), the Subscription Provider will charge the first Subscription Fee to your Payment Method on the date the Subscription Provider confirms your Subscription purchase. After that, the Subscription Fee will be charged to your Payment Method by your Subscription Provider on a recurring basis according to your designated billing cycle.
Billing Cycle. The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing basis unless you cancel your Subscription. Please note that the length of your billing cycle will vary based upon the type of Subscription you choose when you subscribe to the Platform. Note that the timing of your billing may change in the event of a problem with your Payment Method, such as an expired credit card or in the event you change your Subscription plan. You can go to the Subscription tab on the "My Account" page to see your next billing date.
Changes to Subscription Price. Your Subscription Provider may change the price for a Subscription to the Platform from time to time and will communicate any price changes to you in accordance with applicable law.
Updating Your Payment Method. If your Subscription is directly with FRN, you can update your Payment Method by going to your profile and choosing “Subscription” within your FRN Account on the Platform. If your Subscription is with a Subscription Provider other than FRN, where available, you may update your Payment Method by accessing your account with that Subscription Provider. A change in your Payment Method may result in changes to your prior billing cycle. Following any update, you authorize us to continue to charge the applicable Payment Method.
Unpaid Amounts. You are responsible for all charges incurred in connection with your Subscription. In the event your Payment Method on file with FRN is unable to cover the Subscription Fee, FRN may suspend your access to the Platform until you update your Payment Method and pay your Subscription Fee. If your subscription is with a Subscription Provider other than FRN and you have unpaid amounts, your Subscription Provider may take any action on your FRN Account based on the terms of your Subscription with that Subscription Provider. We may retry or permit the Payment Service to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also may pursue or permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your Subscription. Except as specified in Section 5.4 (Dispute Resolution), you will remain liable for all amounts and all costs incurred to collect these amounts, such as bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration costs.
Cancellation. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BEING CHARGED FOR THE NEXT CYCLE’S SUBSCRIPTION FEE. If you cancel your Subscription, the cancellation will become effective at the end of the then-current Subscription period and you will continue to have access to your Subscription until the end of that period. If your Subscription is directly with FRN, you will need to cancel your Subscription through your FRN Account on the Platform. If you obtained your Subscription through a Subscription Provider other than FRN, you will need to cancel your Subscription directly with that Subscription Provider in accordance with your agreement with that Subscription Provider. If you cancel your Subscription, we will retain your information in accordance with our Privacy Policy.
No Refunds. UNLESS REQUIRED BY APPLICABLE LAW, WE DO NOT PROVIDE REFUNDS FOR ANY SUBSCRIPTION; NOR DO WE PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED. A Subscription Provider may choose to offer refunds, discounts, or other consideration as a discretionary accommodation. However, each circumstance is unique and a Subscription Provider’s election to make such an offer in one instance does not create the obligation to do so in another.
3. USING THE PLATFORM
3.1 SYSTEM AND COMPATIBILITY REQUIREMENTS:
To use the Platform, you will need to use a computer, mobile device, streaming media player, or other device that meets the Platform’s system and compatibility requirements (which we may update from time to time). Features and functionalities that we make available through the Platform may differ by device. Please check the requirements periodically, as we may change or stop support of any hardware or software platforms at any time. In order to access the Platform, you need a high-speed internet connection for your compatible device.
3.2 ACCOUNT PASSWORDS AND SECURITY
Passwords and Security. You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password, or other account information, or of any other breach of security that you become aware of involving your account or the Platform. 3.3 CONTENT LIMITATIONS
The Content available to you may vary based upon your Subscription. In addition, the periods during which you can view each piece of Content will vary based on the rights available for each piece of Content and the terms of your Subscription.
Some Content may specify an access window in which you will be able to view the Content. The access windows will vary, so you should pay close attention to the description provided with the Content. During the access window, you will be able to view the Content as many times as you want, BUT ONCE THE ACCESS WINDOW FOR A PARTICULAR CONTENT ITEM ENDS, YOU WILL NO LONGER BE ABLE TO ACCESS THAT CONTENT. It is your responsibility to monitor the access window for each piece of Content. FRN may disable access to any Content at any time, with or without notice, and regardless of the posted access windows or programming schedules.
FRN uses various technologies to provide you with an optimal viewing experience. That said, the viewing quality of Content, including resolution and the time it takes to begin playing Content, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD, Ultra HD and 4K Ultra HD availability, if and as applicable, for certain Content depends on your Subscription plan, internet service and device capabilities. Not all Subscription plans allow you to access Content in all formats and not all Content is available in all formats.
Additionally, not all Content will be available to all Authorized Users across all compatible devices. Access to certain Content may depend upon your geographic location (e.g., you may not be able to access Content outside the Service Area), whether you are able to maintain an internet connection, or sufficient bandwidth and the equipment used to access the Platform. Read the detailed description of each piece of Content to determine options for viewing that Content. While we do our best to keep the Content descriptions up-to-date, we do not guarantee that these descriptions will always be complete, current, or accurate. We also do not guarantee the accessibility of any particular Content at any time.
Live Content Availability, Blackouts, and Interruptions. Live Content is available in certain countries in the Service Area and may be subject to blackouts, device-specific limitations, or other restrictions. For instance, for live sports Content, if you are in a city or region that is the same as a team that is playing in a game, then the game may be blacked out for viewing as part of your Subscription. Blackouts will be applied based upon the city or region in which you are trying to access the Platform and we may use different technologies and methods to verify your location at the time of access to the Live Sports Content. No matter which Subscription plan you select, live Content may contain advertising or other interruptions.
Simultaneous Streams. We may control the maximum number of simultaneous streams per FRN Account regardless of the number of your devices that can access the Platform. We may change the maximum number of simultaneous streams and/or impose limits on the number of devices that you may use at any time. The number of simultaneous streams may vary by Subscription plan.
3.4. CONTENT RATINGS:
THE PLATFORM OFFERS CONTENT THAT MAY NOT BE APPROPRIATE FOR ALL AGES OR VIEWERS. CONTENT TYPES, GENRES, CATEGORIES, AND DESCRIPTIONS ARE PROVIDED AS SUGGESTIONS TO HELP WITH NAVIGATION. YOU MIGHT DISAGREE WITH HOW PARTICULAR CONTENT IS RATED, SOME CONTENT MAY NOT BE RATED AND/OR MAY CONTAIN STRONG OR PROFANE LANGUAGE, VIOLENCE, ALCOHOL, TOBACCO, DRUG OR SUBSTANCE ABUSE, NUDITY, SEXUAL CONTENT, MATURE THEMES AND/OR MATURE CONTENT INTENDED ONLY FOR ADULTS OR THOSE UNDER SUPERVISION OF ADULTS. Content tends to elicit varying reactions among different people. As is true for many websites and content platforms, you may come across Content that you find objectionable or that you believe may be inappropriate for certain members of your family. By accessing the Content you acknowledge and accept these risks.
You Control What Content You and Your Family Can Access. You control what Content you and your family are able to access. We do not guarantee that any movie or television ratings are accurate. We are not responsible for restricting content that you or any Authorized User may consider objectionable, including if you disagree with the Content rating or age classification.
If you choose to access or view, or allow an Authorized User to access or view, any general audience, adult or mature Content on the Platform, you acknowledge that you or they may be exposed to Content that may include nudity, sexual activity, violence, adult language, alcohol, tobacco, drug, or substance use, or are otherwise graphic in nature. You are solely responsible for monitoring and supervising all use of your FRN Account, including those of each Authorized User.
3.5. ADVERTISEMENTS ON THE PLATFORM/AFFILIATE ADVERTISING PROGRAMS:
Certain Content within the Platform may be ad-supported and that Content may change from time to time.
FRN is a participant in affiliate advertising programs designed to provide a means for sites to earn advertising fees by advertising and linking to third party retail sites.
Any interactions you may have with an advertiser as a result of using the Platform will be between you and such advertiser. If you engage in any transaction with an advertiser featured on the Platform, including providing that advertiser with any personal Information, you agree that FRN is not responsible for such transaction or provision of personal information and you further agree that FRN is not liable for any claim or loss that may result from your engagement with any advertiser.
3.6 SERVICE UPDATES AND SOFTWARE:
At various times, FRN may choose to make available updates, bug fixes, or other changes or enhancements to the Platform (collectively, “Service Updates”). By subscribing to the Platform, you consent to receive all Service Updates without further notice. Service Updates may be:
(a) Automatic, such as in connection with general website changes and additional features or updates to data required by the Platform;
(b) At your election, in which case you will receive information and instructions for how to authorize optional Service Updates; or
(c) Mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in to maintain access to the Platform.
Please note that the Platform may be unavailable during a Service Update.
3.7. SUSPENSION AND TERMINATION:
Any Subscription Provider may disable, suspend or terminate your Subscription and access to the Platform and/or your FRN Account immediately for any reason or for no reason whatsoever, including if any Subscription Provider reasonably determines that you have provided inaccurate account or payment details, you no longer meet the Eligibility Criteria or you are otherwise in violation of these Terms. If this occurs, you must stop using the Platform. If we disable your Subscription and/or access to all or any part of the Platform, you agree not to create another FRN Account or try to access the Platform without our permission.
3.8 OUR COMMUNICATIONS TO YOU:
By using the Platform you acknowledge that we and our Subscription Providers can send you emails, text messages, in app notifications, push notifications or other electronic service communications about your account. To the extent permitted by applicable law, you also consent to receive electronic promotional messages, offers, surveys, and other materials. You understand that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Agreeing to receive these promotional texts is not a condition of purchasing any goods or services. If at any time you no longer want to receive promotional communications, you can opt out by either:
- Unsubscribing by clicking on the link at the bottom of the electronic communication;
- For text messages, by responding STOP; or
- Signing into the Platform and updating your “Notifications” preferences in “Settings”. Changes made to your Notifications settings may not take effect immediately, and there could be a delay before your new settings become effective.
3.9 CUSTOMER SUPPORT:
(a) For customer support inquiries related to the Platform or your Subscription through FRN (including Subscription Fee and Payment Method), please contact FRN Customer Support at techsupport@mazsystems.com. For inquiries related to data use please contact compliance@mazsystems.com.
If you are within the Service Area and are unable to resolve your question by visiting our Help Center at ZYPE LINK or if you have reason to believe that your FRN Account credentials have been compromised or misappropriated in some way, please email FRN Customer Support at techsupport@mazsystems.com.
(b) For customer support matters related to your Subscription through a Subscription Provider other than FRN (including Subscription Fee and Payment Method) or other matters relating to billing through your Subscription Provider, please contact your Subscription Provider directly.
(c) If you have specific concerns with the closed caption, please contact: axonstudios@axon.com.
4. COPYRIGHTS AND TRADEMARKS
4.1. COPYRIGHTS AND TRADEMARKS:
The Platform, and all materials incorporated into the Platform are protected by copyrights, patents, trademarks, trade secrets or other legal rights. The copyright holders have licensed this Content for private use only and not for public or commercial exhibition. This means that you may not (a) show any Content to any public audience or view it in a public location; or (b) attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology for the Content. Unauthorized copying, editing, exhibition, broadcast or distribution of a copyrighted program can result in severe criminal and civil penalties under U.S. or any other applicable laws.
Some of the characters, logos or other images on the Platform are also protected as our registered or unregistered trademarks, trade names and/or service marks (“Trademarks”). All other trademarks are the property of their respective owners. Use of our Trademarks of anyone else’s is not authorized other than as incorporated into the Platform.
We may gather data on Platform usage and other information to ensure that the Platform is being used in accordance with these Terms. You agree not to block this transmission of data. If you do so, it will be considered a violation of these Terms and may result in immediate termination of your Subscription.
4.2. COPYRIGHT NOTICE:
If you believe that any content appearing on any part of the Platform has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
For the Service Area
· Axon Enterprise, Inc.
· Attn: Legal Department/Copyright Agent
· E-mail: legal@axon.commailto:
4.3. RESTRICTIONS ON USE OF THE PLATFORM:
Please be aware that it is copyright infringement to make an unauthorized copy of any element or any portion of the Platform, including the Content, or underlying software.
You are only authorized to access and display Content on the Platform for your non-commercial, personal, entertainment use on compatible devices while your Subscription remains active and in good standing and only as permitted in these Terms. You may not:
- copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense or in any way exploit any part of the Platform, or attempt to interfere with the operation of the Platform;
- use any data mining, robots, virus, worms, bugs, or other data gathering and extraction tools on the Platform, or frame any portion of the Platform, or attempt to tamper, hack, corrupt, or impair the administration and/or security of the Platform;
- use the Content files or other elements of the Platform to construct any kind of database;
- reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate, in whole or in part, the Platform or any Content, or attempt, or encourage or assist any other person, to take any of the above action; or
- circumvent, disable, or otherwise tamper with any security technology protecting any Content, system resources, accounts or any other part of the Platform, or to attempt or assist another person to do so. It is prohibited to use or distribute tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools).
5. ADDITIONAL LEGAL TERMS
To the greatest extent permitted by applicable law, the following additional legal terms shall apply:
5.1. DISCLAIMER OF WARRANTIES:
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTENT AVAILABILITY AND VIEWING QUALITY, AND NON-INFRINGEMENT. FRN DOES NOT WARRANT THAT THE PLATFORM WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADDITIONALLY, FRN AND ITS SUBSCRIPTION PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OR MISUSE OF YOUR FRN ACCOUNT.
5.2. LIMITATION OF LIABILITY AND TIME LIMITATION FOR CLAIMS:
Limitation of Liability
YOU AGREE THAT FRN AND ITS PARENT, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM (COLLECTIVELY, THE “RELEASED MATTERS”). THE RELEASED PARTIES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU, SOLELY FOR THE FRN PLATFORM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF SOME TYPES OF DAMAGES. THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THIS AGREEMENT ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF, OR ANY PERSON’S ABILITY TO ACCESS, ANY PORTION OF THE PLATFORM.
Time Limitations for Claims
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE PLATFORM OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND FRN ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM.
5.3. INDEMNITY:
You agree to indemnify and hold harmless FRN, the Subscription Provider(s), and their respective parents, subsidiaries, affiliates, partners, agents, and licensors and the officers, directors, employees, members and shareholders of all of the foregoing (collectively, the “Indemnified Parties”), from and against all third party claims, losses, expenses, damages and costs, including reasonable attorney fees, resulting from your actual or alleged breach of these Terms.
You will cooperate as fully and as reasonably required in FRN 's defense of any claim. FRN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without FRN ’s written consent.
5.4. INVESTIGATIONS:
FRN may investigate suspected violations of this Agreement. As part of such an investigation, FRN may gather information from you and take appropriate steps to address any such violations. We will collect and use any such information in accordance with the FRN Privacy Policy.
5.5. HYPERLINKS TO AND FROM THIRD PARTY SITES:
The Platform may link you to other sites on the internet including, without limitation, sites owned or controlled by FRN or by our Subscription Providers. These other sites are not under the control of FRN, and you acknowledge that (whether or not these sites are affiliated in any way with FRN or its Subscription Providers) FRN is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of these sites.
5.6. THIRD PARTY SUBSCRIPTION PROVIDER TERMS:
These Terms, together with the additional conditions of your Subscription, constitute an agreement between you and FRN, and not between you and any other Subscription Provider(s). Unless otherwise specified in these Terms, Subscription Providers will have no obligation to provide technical maintenance for the Platform or respond to product claims regarding the Platform. Subscription Providers are not responsible for any product or intellectual property claims associated with the Platform. Please review your Subscription Provider’s terms of use and user agreements to confirm your compliance with those terms.
iOS Subscribers.You must comply with the App Store Terms of Use in addition to these Terms when accessing the Platform via iOS products. You acknowledge and agree that Apple, Inc., (“Apple”) and any subsidiaries of Apple, are third party beneficiaries to these Terms. Upon your acceptance of these Terms, Apple will have the right (and be deemed to have accepted the right) to enforce these Terms as a third-party beneficiary.
5.7. GEOGRAPHIC RESTRICTIONS:
The Platform is intended for viewing solely within the Service Area. You are prohibited from using any technology to mask your location or hinder FRN's ability to determine your location. FRN may use technologies to verify your geographic location. The Service Area includes the U.S., the District of Columbia and the following U.S. territories: American Samoa, Guam, Puerto Rico, The Northern Mariana Islands, and the U.S. Virgin Islands.
5.8. GOVERNING LAW AND VENUE:
These Terms shall be governed by the laws of the State of Arizona, without regard to conflict of law principles. A dispute that is not subject to arbitration under Section 5.4 (Dispute Resolution) of these Terms shall be brought in the appropriate state or federal court located in Phoenix, Arizona; and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Maricopa County, Arizona for the adjudication of all non-arbitral claims.
5.9. FORCE MAJEURE:
FRN shall not have any liability to you by reason of any delay or failure to perform any obligation under these Terms if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, public health emergency, epidemic, pandemic or national emergency, Governmental action, or other cause beyond our control.
5.10. EXPORT CONTROLS; OFAC COMPLIANCE:
You may not use or otherwise export or re-export the software except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, but without limiting the generality of the foregoing, the software and other relevant elements of the Platform may not be exported or re-exported into any U.S. embargoed countries or to any countries prohibited by U.S. laws, rules or regulations.
By accessing the Platform, you confirm that you are not subject to sanctions imposed by the U.S. and you are not considered by the Office of Foreign Assets Control (OFAC) to be a specially designated national.
5.11. WHAT HAPPENS IF WE CHANGE THESE TERMS:
We reserve the right to modify these Terms or change any part of the Platform at any time. We will communicate material changes to these Terms by making the revised Terms available for your review on the Platform. If you access the Platform through a mobile device, we may also communicate changes through updated versions of the Platform software. The date that these Terms were last modified can be found at thebeginning of these Terms. The modified Terms will become effective and govern your use of the Platform upon the date and time they are posted to the Platform.
If any change materially limits the availability of the Platform, then in addition to posting the revised Terms on the Platform, we intend to communicate this limitation by sending an email to the address associated with your FRN Account. So, it is important that you keep your FRN Account information up to date.
By continuing to use the Platform after any revised Terms come into effect and, in the case of any Subscription, your decision not to cancel your Subscription before it renews or within any relevant notice period, means you agree to be bound to the changes.
5.12. ADDITIONAL TERMS AND CONDITIONS:
You may have to accept additional terms and conditions to use certain features offered through the Platform. If there is a conflict or inconsistency between those additional terms and these Terms, those additional terms will prevail solely with respect to your use of the feature to which they apply.
5.13. MISCELLANEOUS:
This Agreement is the entire agreement between you and FRN with respect to this subject matter and supersede all prior or contemporaneous written or oral agreements between you and us with respect to this subject matter. These Terms may not be amended, nor any obligation waived, without our written authorization.