These are the terms and conditions that govern use of this website:

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at https://www.freedomthatlasts.com (the “Site” or “Service”) or any services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by Freedom That Lasts® (“FTL”) from time to time. FTL will post a notice on the Site any time these Terms of Use have been changed or otherwise updated.

2. PRIVACY POLICY. FTL respects your privacy and permits you to control the treatment of your personal information. A complete statement of FTL’s current privacy policy can be found by clicking the “Privacy Policy” link at the bottom of this or any page. FTL’s privacy policy is expressly incorporated into this Agreement by this reference.

3. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of South Carolina, without reference to their rules regarding conflicts of law.

4. USER CONTENT. You grant FTL a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

8. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. FTL reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. FTL intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

10. ALLEGED VIOLATIONS. FTL reserves the right to terminate your use of the Service and/or the Site. To ensure that FTL provides a high-quality experience for you and for other users of the Site and the Service, you agree that FTL or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Service. FTL does not intend to disclose the existence or occurrence of such an investigation unless required by law, but FTL reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if FTL believes that you have violated any of the Terms of Use, furnished FTL with false or misleading information, or interfered with use of the Site or the Service by others.

11. NO WARRANTIES. FTL HEREBY DISCLAIMS ALL WARRANTIES. FTL IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FTL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.. FTL DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. LIMITED LIABILITY. FTL LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FTL BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY FTL. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

13. AFFILIATED SITES. FTL has no control over, and no liability for any third-party websites or materials. FTL works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither FTL nor the Site has control over the content and performance of these partner and affiliate sites, FTL makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and FTL assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that FTL makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

14. PROHIBITED USES. FTL imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by FTL in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

15. INDEMNITY. You agree to indemnify FTL for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. FTL will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

16. COPYRIGHT. All contents of Site or Service are: Copyrighted by Freedom That Lasts®. All rights reserved.

17. SEVERABILITY WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

18. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by FTL or by any third party.

19. UNITED STATES USE ONLY. The Site is controlled and operated by FTL from its offices in the State of South Carolina. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. FTL makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as FTL's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than South Carolina and the United States.

20. AMENDMENTS. FTL reserves the right to amend these Terms. Should FTL seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall: Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us. Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.

Digital Millennium Copyright Act Notice

TAKEDOWN POLICY AND PROCEDURES

FTL, respects the intellectual property rights of others just as it expects third parties to respect its rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:

NOTICE OF INFRINGEMENT – CLAIM

1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);

2. Identification of the copyrighted work claimed to have been infringed;

3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];

4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;

5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and

6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).

Send all takedown notices by email or postal mail to the following for prompt attention:

Freedom That Lasts®

110 King Arthur Dr.

Piedmont, SC 29673

email: info@freedomthatlasts.com 

COUNTER NOTIFICATION – RESTORATION OF MATERIAL

If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):

1. Your physical or electronic signature.

2. A description of the material that has been taken down and the original location of the material before it was taken down.

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.

5. Email your counter notice to us at: info@freedomthatlasts.com for prompt action or mai l to: 

Freedom That Lasts®, 

110 King Arthur Dr., 

Piedmont, SC 29673.

Again, email is encouraged for quick action.

REPEAT INFRINGER POLICY

FTL takes copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, FTL maintains a list of DMCA notices from its copyright holders. FTL makes a good faith effort to identify any repeat infringers on this list pursuant to the safe harbor requirements of the DMCA.

Effective 9/22/2022