PLEASE READ THESE TERMS OF USE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, INCLUDING, WITHOUT LIMITATION, TERMS AND CONDITIONS RELATED TO WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, LIMITATIONS ON PERIODS FOR ASSERTING ANY CLAIMS, INDEMNIFICATION, GOVERNING LAW, THESE TERMS OF USE REQUIRE THAT DISPUTES BE RESOLVED ON AN INDIVIDUAL BASIS, RATHER THAN THROUGH CLASS ACTIONS, AND THESE TERMS OF USE INCLUDE TERMS REGARDING YOUR ACCEPTANCE TO AND FIRESIDE MARKET’S USE OF SMS AND EMAIL COMMUNICATIONS.  

Welcome! These Terms of Use are brought to you by FIRESIDE MARKET OPERATIONS, LLC., dba fireside MARKET (“fireside MARKET,” “we,” “our,” or “us”) and apply to our websites or our app that link to these Terms of Use (collectively the “Sites”). The following terms and conditions of use as well as the corresponding Privacy Policy which is incorporated herein by reference and available here by link or otherwise available through the Sites, and any other policies made available by Fireside MARKET through the Sites (the “Terms of Use”), govern your access to and use of the Sites. All pages within the Sites and any information, material, products or content made available on or through the Sites are subject to these Terms of Use. These Terms of Use apply only to your use of the Sites and do not apply to any other third-party website.  

YOUR USE OF THE SITES CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT OR CANNOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SITES. In addition, you hereby represent and certify that you are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age, you must obtain parental consent prior to using the Sites.  

Changes to the Terms of Use or Sites 

Fireside MARKET reserves the right to change, modify, or discontinue the Sites or any portion of the Sites, including any and all content and any products offered at any time, without notice to you. Fireside MARKET reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means.  Your continued use of the Sites following the posting of changes to these Terms of Use will mean you accept those changes.  

Your Use of the Sites 

You are granted a limited, non-exclusive, revocable right to access and use the Sites solely for personal use, and to receive Fireside MARKET products and services. This right does not include the right to and you shall not (nor shall you facilitate, direct, or assist a third party to): 

• Modify, reproduce, or resell any part of the Sites’ content, products, or data (excluding your personal information), or otherwise commercially exploit any of the Sites’ content, products, or data (even if that content, product or data is provided by a third party); 

• Access, tamper with, or use non-public areas of the Sites or Fireside MARKET’s computer systems;  

• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;  

• Access or search or attempt to access or search the Sites by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Fireside MARKET;  

• Use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Sites, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Sites for any commercial purpose other than obtaining products and services from Fireside MARKET for your own personal, non-commercial use;  

• Interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the Sites;  

• Impersonate another person or otherwise misrepresenting your affiliation with a person or entity or identity, conducting fraud, hiding or attempting to hide your identity; 

• Take any action that imposes, or may impose (in Fireside MARKET’s determination) an unreasonable or disproportionately large volume or capacity load on the Sites’ infrastructure; 

• Allow any other person to use your username or password for posting or viewing comments or sending or receiving materials; 

• Not engage in threatening, harassing, racist, sexist, or any illegal act or any other behavior that Fireside MARKET deems inappropriate when using the Sites; 

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the or Sites;  

• Attempt to hide, hide, or direct, facilitate or assist any third party in hiding your IP address to circumvent any of the restrictions in these Terms of Use, including without limitation,  if any IP address you have been assigned or used is blocked or dropped by Fireside MARKET, you are hiding or switching your IP address to scrape or collect data and content from this Sites, or you have received a cease and desist or other correspondence from Fireside MARKET related to any activity in violation of these Terms of Use that requires you to cease accessing or using the Sites;  

• Use the Sites or any of their content in any manner other than the manner in which it is intended to be used, unless you first obtain Fireside MARKET’s express written consent; or 

• Use the Sites or their content for any purpose prohibited or restricted by law. 

Except for the limited right expressly granted to you in these Terms of Use, Fireside MARKET and its licensors expressly reserve all other rights and licenses. For the avoidance of doubt, nothing in this Section shall restrict legitimate search engine providers (i.e., Google, Yahoo, Bing, etc.) from spidering the Sites for the purpose of generating search results in any such search engine. In addition, you may link to the Fireside MARKET home page but are not authorized to link to any other page on the Sites without the prior express written consent of Fireside MARKET provided that Fireside MARKET reserves the right to withdraw this consent at any time in its discretion. You may not use any of Fireside MARKET’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Fireside MARKET; 2) cause confusion, mistake, or deception; 3) dilute Fireside MARKET’s trademarks, service marks or trade names; or 4) otherwise violate applicable law. 

Your User Account 

While using the Sites, you may have the option to register for an account. If you create an account on the Sites by, for example, completing a user registration process, you will be asked to select a username and create a password. It is solely your responsibility to maintain the security of your username and password and you are solely responsible for all activities conducted using your account. You agree that Fireside MARKET shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your username and password, including by a third party. You shall not allow any other person to use the Sites via your username and password.  Fireside MARKET may suspend, terminate, modify, or delete any account you may have with the Sites at any time for any reason, with or without notice to you.  

If you provide information on the Sites, you agree to (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update such information to keep it true, accurate, current, and complete to the extent the Sites facilitate such updates. If you provide any information that is false, inaccurate, outdated, or incomplete, or Fireside MARKET has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, Fireside MARKET has the right to suspend or terminate your account and prohibit or refuse any and all current or future use of the Sites (or any portion thereof) by you. 

You agree to immediately notify Fireside MARKET of any unauthorized use of your username or password, any unauthorized use of any online account that you have with Fireside MARKET, any violation of these Terms of Use, or any other breach of security known to you in connection with the Sites by sending an email to support@firesidemarket.com.  

Purchase and Use of Products 

Products, Content, and Specifications. All features, content, specifications, products and prices of products and services described or depicted on or through the Sites, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on or through the Sites at a particular time does not imply or warrant that these products or services will be available at any time.  

Product Use. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any products purchased from this Sites as well as any use guidelines or requirements provided by Fireside MARKET or its third party suppliers in writing. By placing an order through this Sites (“Order”), you represent that the products ordered will be used only in a lawful manner and for the purposes as intended and described.  YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU PURCHASE. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND FOR VERIFYING THE SUITABILITY OF ALL PRODUCTS AND THEIR INGREDIENTS BEFORE HANDLING, USING OR CONSUMING SUCH PRODUCTS FURTHER. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. WE ATTEMPT TO DISPLAY PRODUCT DESCRIPTIONS, INGREDIENT LISTS AND NUTRITIONAL INFORMATION AS ACCURATELY AS POSSIBLE, HOWEVER, YOU ACKNOWLEDGE THAT SUCH DESCRIPTIONS, LISTS, AND ADDITIONAL INFORMATIN MAY CONTAIN INACCURACIES.  

Order Acceptance and Cancellation. You agree that any Order you place to purchase products through this Sites is an offer to buy. All Orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any Orders in our sole discretion. After having received your Order, we will send you confirmation of the Order.  Acceptance of your Order will not take place unless and until you have received your order confirmation. You have the ability to update or abandon your order at any time prior to paying and placing the order.  

Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Sites for your own personal or household use only, and not for resale or export. Products and services purchased from the Sites may be controlled for export purposes by export regulations. 

Pricing and Availability. All prices shown via the Sites are in U.S. dollars. We will collect applicable sales tax for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our product offerings and our services and Sites, and to adjust prices as we may determine in our sole discretion, at any time and without notice. We will not be able to notify you of changes in any applicable taxes prior to such changes becoming effective. We do not guarantee the availability of products identified on our Sites, and we reserve the right to refuse any Order if the applicable products are not available. 

Payment.  Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an Order. You represent and warrant that any credit card information you supply to us or our third party payment provider is true, correct, and complete and that charges incurred by you will be honored by your credit card company.  By providing a credit card or other payment method that we accept, you further represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur in connection with your Orders, including without limitation any applicable taxes and other charges. You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies, (i) cancel or suspend any portion of your Orders, (ii) make second and/or subsequent attempts to charge your payment method, and/or (iii) use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method.  However, your failure to do so shall not constitute cancellation of any Order. You can change or update your payment method at any time by navigating to the Edit Account icon in the fM Rewards App.  

Returns & Refunds 

If you desire to seek a refund for any reason after paying and placing your order, including if the products are unsatisfactory, please contact the store where you purchased the product. The decision regarding how to resolve any refund request is at the discretion of the store where you purchased the product. Your legal rights regarding your relationship with the store are not impacted by these Terms of Use. 

Termination / Suspension 

You agree that Fireside MARKET may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Sites, including any online account hereon, without notice, for any reason in Fireside MARKET’s sole discretion, including, without limitation, violation of these Terms of Use or Fireside MARKET’s belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Fireside MARKET, another user, or any third party. 

Privacy 

By accessing and using the Sites, you agree to the terms of Fireside MARKET’s Privacy Policy, which are incorporated into these Terms of Use by reference. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth (and more fully described) in the Privacy Policy.  

Trademarks 

Fireside MARKET, or third parties from whom Fireside MARKET has permission, own the trademarks and service marks that are used on the Sites. All rights are reserved by Fireside MARKET and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of Fireside MARKET and its licensors may not be used without prior written consent of Fireside MARKET or its licensor, as the case may be. Without limiting the foregoing, no Fireside MARKET trademark or trade dress may be used in connection with any product or service that is not Fireside MARKETs, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Fireside MARKET. 

Copyright and Other Proprietary Rights 

Firesite, or third parties from whom Fireside MARKET has permission, own the Sites and all content that is used on the Sites. All proprietary content and materials on the Sites including, without limitation, the Sites’ layout, organization, design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms of Use or by written consent of the owner of the proprietary rights. 

You grant Fireside MARKET a perpetual, royalty-free, irrevocable, sub-licenseable, assignable, and transferable license to any feedback, submissions, ideas, concepts, know-how, or techniques that you submit to the Sites or otherwise choose to share with Fireside MARKET through other communication channels for any purpose (including without limitation commercialization) and without compensation to you, subject only to Fireside MARKET’s Privacy Policy. 

Children’s Privacy 

Individuals under the age of 18 (“Minors”) are not permitted to use the Sites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on our Sites.  

Third-Party Content and Sites 

Certain information available on the Sites is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials are the sole responsibility of the originating party and Fireside MARKET has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a link to another party’s website an endorsement of such other party, their products or services. 

In addition, the Sites may contain links to other unrelated websites on the Internet. Fireside MARKET is not responsible for and has no obligation to review the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms of Use do not apply to such unrelated websites and you should review the privacy policy and terms of use for any website that you visit. Fireside MARKET makes no representations or warranties regarding the security of any information you make available to such websites. Fireside MARKET is not liable for any losses or damages incurred as the result of your business dealings with such third parties.   

Information Disclosed via the Site. IN ADDITION TO ANY OTHER DISCLAIMERS PROVIDED IN THESE TERMS OF USE, ANY INFORMATION DISCLOSED TO YOU VIA THE SITES INCLUDING, WITHOUT LIMITATION, ANY CONTENT, PRODUCT RECOMMENDATIONS, PRODUCT DESCRIPTIONS, PRODUCT SAFETY AND/OR EFFECTIVENESS MATERIALS, ARE NOT OFFERED WITH ANY WARRANTY OR REPRESENTATION AS TO ABILITY, ACCURACY, PERFORMANCE, OR SUITABILITY FOR YOUR INTENDED PURPOSE OR COMPLIANCE WITH APPLICABLE LAW. FIRESIDE MARKET ASSUMES NO RESPONSIBILITY, AND DISCLAIMS ANY LIABILITY FOR, ANY ILLNESS, OR INJURY RESULTING FROM USING ANY PRODUCTS OR FOLLOWING ANY INFORMATION CONTAINED ON THE SITES. YOU ACKNOWLEDGE AND AGREE THAT USE OF ANY DIETARY OR ANY OTHER FOOD OR DRINK PRODUCTS INVOLVE UNFORESEEABLE RISKS AND UNCERTAINTIES, INCLUDING, WITHOUT LIMITATION, THE RISKS OF: (A) INDIVIDUALS' BIOLOGICAL VARIATION AND RESPONSE TO PRODUCTS; (B) PRODUCT INTERACTIONS WITH OTHER INGREDIENTS; AND (C) OTHER HEALTH RISKS AND UNCERTAINTIES. Information on the Sites is provided for informational purposes only, does not constitute health-related advice. You should carefully read all product packaging prior to use.  

Disclaimer of Warranties 

THE SITES (INCLUDING ALL CONTENT, INFORMATION, PRODUCTS AND ACCESS TO THE SITES) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. FIRESIDE MARKET DOES NOT WARRANT THAT ANY PART OF THE SITES WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITES AND ACCESS TO THE SITES WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. FIRESIDE MARKET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SITES IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THE SITES BEFORE ACTING ON IT. ANY RELIANCE ON THE SITES’ CONTENT IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, FIRESIDE MARKET EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, QUALITY, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SITES. FIRESIDE MARKET DISCLAIMS ANY RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES, THIRD PARTY ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF THIRD PARTY PRODUCTS OR SERVICES WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. FIRESIDE MARKET SHALL NOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES FIRESIDE MARKET MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES. 

Limitation of Liability 

TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL FIRESIDE MARKET, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS (COLLECTIVELY, THE "FIRESIDE MARKET PARTIES") BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE OR REPLACEMENT OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR ANY OF ITS CONTENT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FIRESIDE MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS OF USE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FIRESIDE MARKET PARTIES SHALL NOT EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU TO FIRESIDE MARKET DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE UPON WHICH YOUR CLAIM AROSE, IF ANY, OR ONE HUNDRED DOLLARS (US $100).  

YOU AGREE TO PROMPTLY NOTIFY FIRESIDE MARKET IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE FIRESIDE MARKET PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED. 

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY. 

Indemnification 

You agree to compensate, defend, and hold harmless Fireside MARKET, its affiliates, its officers, representatives, directors, employees, consultants, third party suppliers, and agents from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to your use of the Sites, your use of any material, product, information, data downloaded or otherwise obtained from the Sites, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of Fireside MARKET or any other person or entity. 

Interpretation and Disputes 

These Terms of Use are construed in accordance with the laws of the State of Wisconsin, without regard to any conflict of laws provisions.  YOU AGREE THAT ANY CLAIMS BROUGHT UNDER THESE TERMS OF USE, MUST BE BROUGHT ON AN INDIVIDUAL BASIS. BY ACCEPTING THESE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING ANY RIGHT TO AND SHALL NOT PARTICIPATE IN ANY CLASS ACTION AGAINST FIRESIDE MARKET AS IT RELATES TO THESE TERMS OF USE, THE SITES, OR ANY CONTENT/PRODUCTS/SERVICES OBTAINED FROM THE SITES.  

Availability of Products or Services 

The Sites may refer to products or services that are not available in your country. Consult your Fireside MARKET representative for information about the products or services that may be available to you. 

Entire Agreement 

These Terms of Use constitute the entire agreement between you and Fireside MARKET relating to the subject matter herein, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Notwithstanding the foregoing, certain services and products accessible through the Sites may have their own terms and conditions that apply to that particular service or product, such as terms and conditions of sale. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Fireside MARKET. These Terms of Use will inure to the benefit of Fireside MARKET’s successors and assigns. 

Notice 

Fireside MARKET may deliver notice to you by means of e-mail, a general notice on the Sites, or by other reliable method to the address you have provided to Fireside MARKET. 

Electronic Communications 

You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices, or communications between you and Fireside MARKET may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference. 

Use Outside of the United States. Fireside MARKET makes no representation that the materials contained on the Sites or products described or offered on the Sites are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Sites from any territory where its contents are illegal, and that you, and not Fireside MARKET, are responsible for compliance with applicable local laws. 

Force Majeure 

Fireside MARKET shall not be liable to you or any other party for any delay or failure in performance due to events outside of our reasonable control, including without limitation, acts of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, pandemic, fire, flood, earthquake, storm or other like event, disruption or outage of third-party communications facilities or networks, labor strike, delays of common carriers, or any other circumstances beyond our reasonable control. 

Mobile Devices 

Some mobile devices may not be capable of accessing the Sites in their entirety. Fireside MARKET is not responsible or liable for any errors, inaccuracies, faults, or failures arising from your attempts to access any portion of the Sites using any mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges imposed by your communications carrier in connection with your use of any mobile device. 

Waiver and Severability 

Furthermore, no delay or omission by Fireside MARKET to exercise any right or any noncompliance on your part with respect to the Terms of Use shall impair any such right or be construed to be a waiver by Fireside MARKET. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law. 

Notice to New Jersey Residents 

You may have additional rights protected under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms of Use are not intended to diminish, void or alter your rights under New Jersey law - limitations of liability or exculpation (including, but not limited to limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution and arbitration, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations or warranties of any type or nature (including, but not limited to, conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and / or costs and copyright.  In the event of any conflict between these Terms of Use and New Jersey law, New Jersey law shall govern.  

Contact 

To ask questions or comment about these Terms of Use, we may be contacted at: support@firesidemarket.com. 

Exhibit A: App Store Terms 

To the extent permitted by law, the following supplemental terms shall apply when accessing any app provided by Fireside MARKET that links to these Terms of Use through specific devices (the “App”). 

1. Notice regarding Apple 

   By downloading the App from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that: 

• These Terms are between Fireside MARKET and you; Apple is not a party to these Terms. 

• The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services. 

• Apple is not responsible for the App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the App. 

• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. 

• Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App, including without limitation (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. 

• In the event of any third party claim that the App or your possession and use of the App infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim. 

• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. 

• Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof. 

• Fireside MARKET expressly authorizes use of the App by multiple users through the Family Sharing or any similar functionality provided by Apple. 

1. Google Play 

   By downloading the App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: 

• To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the App that you download from Google Play, and 

• You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Fireside MARKET or you (or any other user) under these Terms of Use or the Google Play Terms. 

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