TERMS OF USE

Overview

Welcome, and thank you for your interest in FreedomFi Inc. (“we”, “us” and “our”) and our website at www.freedomfi.com. We offer this website, along with any related websites, information, tools and services available from this website (collectively, the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms of Use. These Terms of Use are a legally binding contract between you and FreedomFi Inc. regarding your use of the Services and apply to all users of our website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY CLICKING “I ACCEPT”, OR BY ACCESSING ANY PART OF THE WEBSITE OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, ORGANIZATION OR COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ACCEPT THESE TERMS OF USE ON BEHALF OF THAT ENTITY, AND YOU HEREBY AGREE TO BE BOUND BY THESE TERMS OF USE ON BEHALF OF THAT ORGANIZATION. If you are not eligible, or do not agree to all the Terms of Use, then you do not have our permission to use the Services or access any part of the website. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
You further represent and warrant that you are not listed on or covered by any sanctioned person lists administered by the United States government or United Nations, including but not limited to the United States Department of Treasury’s List of Specially Designated Nationals and Blocked Persons, the United States Department of Commerce’s List of Denied Persons or Entity List, and the United Nations Security Council Sanctions. You further represent that you are not located in a country subject to comprehensive United States sanctions, including Iran, Syria, Cuba, North Korea, or the Crimea region of Ukraine. Should you become listed on or otherwise subject to any such list or are in a country subject to comprehensive United States sanctions, then you agree to immediately cease use of the website or the Services.
Any new features or tools which are added to our website shall also be subject to these Terms of Use.

Section 1 – Consent; No Unauthorized Purpose

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms of Use will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse Services to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

Section 3 - Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on our website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website. If you are dissatisfied with these Terms of Use or any modifications to it, then you agree that your sole and exclusive remedy is to discontinue any use of the website and Services.

Section 4 - Modifications To The Services And Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any of our Services (or any part or content thereof) without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of the Services.

Section 5 - Products Or Services

Certain of our products or Services may be available exclusively online through our website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy as set forth in Section 13, as it may be updated from time to time.

We have made every effort to display as accurately as possible the colors and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Services made on this website is void where prohibited

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

Section 6 - Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy as set forth in Section 13.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools on an “as is” basis and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through our website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Use.

Section 8 - Third-party Links

Certain content, products and Services available via our website may include materials from third parties. Third-party links on this website may direct you to thirdparty websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 - User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website, the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 10 - Personal Information

Your submission of personal information through our website is governed by our Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms of Use.

Section 11 - Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using our website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services, our website or any related website for violating any of the prohibited uses.

Section 13 – Return Policy

The following summarizes our return policy (the “Return Policy”) regarding return of our products:
  1. A return authorization may be requested from our customer service team within 15 days of your purchase date, provided the device hasn’t been opened and onboarded to the Helium blockchain. See the additional conditions below. To request a refund or exchange, please contact our customer service team at https://freedomfi.com/contact-us.
  2. To be eligible for a return, the product must be in the same condition that you received it, UNUSED, not damaged, and in its original package.
  3. Shipping and handling charges are not refundable.
  4. A 15% restocking / reimaging fee applies to all returns
  5. FreedomFi is not responsible for the cost of return shipping.
  6. If the device arrives to you in defective or damaged condition, you have the right to request a refund or a replacement.

Section 14 - Ip Ownership, Reservation Of Rights

Our website is owned and operated by FreedomFi Inc. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, services, and all other elements of our website (the “Materials”), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials, including all associated intellectual property rights, are the sole and exclusive property of FreedomFi Inc., its subsidiaries or affiliated companies, or its third-party licensors. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or use the Materials except as expressly authorized by us or under these Terms of Use. We reserve all rights not expressly granted in these Terms of Use. You do not acquire any right, title, or interest to the Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these Terms of Use.

Section 15 - Disclaimer Of Warranties; Limitation Of Liability

Product warranty terms:

  • The FreedomFi Gateway comes with a standard 1 year warranty.
  • Warranty claims will be serviced through the repair or replacement of the defective product, with FreedomFi holding sole discretion over the option to repair or replace. Replacement products may be refurbished or new, at the discretion of FreedomFi.
  • Products must be purchased as new from FreedomFi or an authorized reseller. Warranty only applies to the original purchaser of the product and cannot be transferred. Products purchased as secondhand or used, or from auction sites, do not carry any warranty.
  • The warranty duration starts from the product’s original date of purchase. A copy of the original proof of purchase must be presented to validate the date of purchase.
  • Products provided as replacements under the RMA service will continue under the original product’s warranty at the original start date. The warranty date will not change or reset due to any RMA service performed.
  • FreedomFi products received through promotions, contests, giveaways, or sponsorships, are not covered under warranty. Please contact support@freedomfi.com to resolve any issues or defects with products received without proof of purchase.

Services warranty terms:

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel any Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk.

THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

In no case shall FreedomFi Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Our aggregate liability to you for all claims arising out of or relating to the use of or any inability to use any portion of the website or Services or otherwise, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to us for access to and use of the website or Services in the 12 months prior to the event(s) or circumstances giving rise to claim or (b) $100. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 16 - Indemnification

You agree to indemnify, defend and hold harmless FreedomFi Inc. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 17 - Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18- Termination

By using our website and clicking the checkbox below, these Terms of Use form an enforceable legal agreement between you and us (the “Agreement”). The obligations and liabilities of the parties incurred prior to the termination of this Agreement shall survive the termination of this Agreement for all purposes. The Agreement is effective unless and until terminated by either you or us. You may terminate the Agreement at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate the Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Upon such termination, we may also deny you access to our Services (or any part thereof).

Section 19 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire Agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against us.

Section 20 - Governing Law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States and the State of California without regard to conflict of law principles that would result in the application of the laws of another jurisdiction. If a lawsuit or court proceeding is permitted under these Terms of Use, then you and FreedomFi Inc. agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for the purpose of litigating any dispute.

Section 21 - Changes To Terms Of Use

You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Section 22 – Dispute Resolution

In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you agree that every dispute arising in connection with these Terms of Use will be resolved by binding confidential arbitration in English. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Any arbitration between you and us will: (a) be settled under the Federal Arbitration Act; (b) be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use; (c) be administered by the AAA; and (d) if an arbitration hearing is held, take place at a mutually-agreed location in San Francisco County, California. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at support@freedomfi.com