Terms of service

FREEBELL LLC TERMS OF SERVICE AGREEMENT

Thank you for using the www.thefreebell.com website and associated content (hereinafter “Website”), which is owned, operated, or licensed by Freebell LLC. Freebell provides you with a limited license to use the Website subject to the terms and conditions contained within this Terms of Service Agreement (hereinafter “Agreement”).

YOU HAVE A DUTY TO READ THIS TERMS OF SERVICE AGREEMENT.

NOTICE OF ARBITRATION. THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND FREEBELL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

By using the Website, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Freebell reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Freebell replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use of the Website after a change in the Last Updated date above will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment herein.

Freebell hereby incorporates its Privacy Policy as if fully restated herein. You are instructed to review Freebell’s Privacy Policy to understand the personal and personally identifiable information that Freebell may collect from you when you use the Website and how Freebell may use that personal or personally identifiable information.

User Warranties

By using the Website, you warrant that you are age eighteen (18) or above the age of majority within your legal jurisdiction, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.

Limited License

You acknowledge and agree that the Website is the property of or is licensed by Freebell and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Freebell reserves all rights not expressly granted through this Agreement.

Freebell provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.

Acceptable Use Policy

When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Freebell for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

  • Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by Freebell through a separate, written agreement;
  • Accessing or attempting to access the Website through automated means;
  • Circumventing the technological protection measures of the Website;
  • Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
  • Disrupting or otherwise interfering with the Website or its associated servers or networks;
  • Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
  • Diverting or attempting to divert customers of the Website to another website or service;
  • Sending unsolicited or unauthorized communications to users of the Website or third parties;
  • Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
  • Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

Freebell reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. Freebell also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.

Idea Submission Policy

Freebell may provide you with the ability to submit ideas to Freebell through the Website. If you submit ideas to Freebell, you agree that any ideas that you submit to Freebell will automatically become the property of Freebell and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to Freebell. You understand and agree that Freebell may use or redistribute any ideas that you submit to Freebell for any purpose and in any way and that Freebell has no obligation to keep any ideas submitted to Freebell confidential.

User Account

Freebell may provide you with the ability to register a user account (“User Account”), which may provide access to additional areas of the Website and the ability to review your order history. Your User Account is protected by a username and password. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify Freebell immediately. Freebell reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without prior warning, including, but not limited to, for a violation of any term or condition of this Agreement. By creating a User Account, Freebell may contact you by any available means, including, but not limited to, by email.

Ordering and Payment

Payment for all orders placed through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Freebell until Freebell accepts your invitation to deal by performance, specifically, by shipping the ordered goods. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars, and you acknowledge and agree that Freebell is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Freebell’s payment processor. You agree that you will not initiate any chargebacks to Freebell unless otherwise authorized by Freebell in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Freebell.

All purchases made through the Website are subject to Freebell’s Shipping and Returns Policies, which are listed on the Website and are hereinafter incorporated by reference. Freebell may replace, discontinue, or modify its Shipping and Returns Policies at any time and within its sole and absolute discretion. If Freebell decides to modify its Shipping and Returns Policies, the modified policies will be posted by Freebell on the Website.

Product Availability

While Freebell strives to carry or have regular access to sufficient inventory, it is possible high volume or rare products are out of stock at the time of your order. If this is the case, Freebell will contact you in a reasonable time frame to advise you of the issue. If you have time-sensitive orders, please respond to Freebell’s notice as soon as possible.

Shipping

Freebell provides shipping via USPS, UPS, and LTL freight carriers. All prices are F.O.B. from Idaho Falls, Idaho, United States, unless specifically provided otherwise.

Any damaged or incorrect shipments must be reported within 48 hours of receipt. For damaged shipments, the shipment must be refused at the time of delivery and the original box and packaging must be kept until the carrier/shipper who delivered claims them unnecessary for any claim purpose. If not reported within 48 hours of receipt, Freebell will consider all claims of damage, defect, or other error waived. All shipment fees incurred from refused products shall be paid by you and will not be chargeable to Freebell.

Shipping charges are based on the monetary amount of your order and the shipping destination. All shipments will be made to the address listed at the time of order. If you provide an incorrect shipping address, Freebell is not liable for any loss or damage. If you need to change the shipping address, you must do so prior to your order being shipped.

Trademarks

You acknowledge and agree that "Freebell" and any associated logos or marks are common law or registered trademarks owned by or licensed to Freebell LLC. You are expressly prohibited from using the "Freebell" trademarks in a manner that causes confusion, mistake, or deception regarding the source of goods or services. Unauthorized use of the "Freebell" trademarks, including in domain names, keyword advertisements, or meta tags, is strictly prohibited.

Patents

Freebell LLC, as well as Thomas Lower, may hold patents relating to products or technologies associated with the "Freebell" brand. You acknowledge that any use of patented technologies or processes without proper authorization may constitute infringement of those patents. It is your responsibility to ensure that you do not engage in any activities that would infringe upon the intellectual property rights of Freebell LLC or Thomas Lower.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, PRODUCTS, AND SERVICES PROVIDED BY FREEBELL ARE OFFERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FREEBELL DOES NOT WARRANT THAT THE WEBSITE OR PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FREEBELL OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, PRODUCTS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR PRODUCTS IS TO CEASE USING THE WEBSITE OR PRODUCTS. IN NO EVENT SHALL FREEBELL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE WEBSITE OR PURCHASING PRODUCTS THROUGH THE WEBSITE.

Indemnification

You agree to indemnify, defend, and hold harmless Freebell, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns from and against any and all claims, losses, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Website.

Governing Law and Venue

This Agreement is governed by the laws of the State of Wyoming, without regard to its conflict of laws principles. You agree that any dispute arising out of or relating to this Agreement or your use of the Website shall be brought exclusively in the courts located in Travis County, Texas.

Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent possible. This Agreement constitutes the entire agreement between you and Freebell regarding your use of the Website and supersedes any prior agreements or understandings. The failure of Freebell to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision in the future.

Changes to Terms of Service

Freebell reserves the right to modify these Terms of Service at any time. Your continued use of the Website following the posting of changes to these terms will indicate your acceptance of those changes. Please review these Terms of Service periodically for any updates.

Entire Agreement

This Agreement constitutes the entire understanding between you and Freebell concerning the subject matter herein and supersedes all prior agreements, whether written or oral, concerning such subject matter. This Agreement may not be amended or modified except in writing signed by both parties.

Contact Information

If you have any questions about this Agreement, please contact us at:

Freebell LLC
Thomas Lower , Owner
thefreebell@gmail.com