Terms of Use

These Terms apply to Fireside Project’s Psychedelic Support Line, Coaching Service (sometimes referred to as Fireside-Certified (TM) Psychedelic Coaching), web Services (including our https://firesideproject.org website), and our Apps, as defined herein (collectively referred to in this document as the “Services”).

• We are not promising that the Services are perfect: they are provided on an as-is, as-available basis, without warranty.

• All users of the Services agree to follow the law, respect others, and abide by our Code of Conduct.

• As described further below, any dispute must be resolved by binding arbitration in California (unless a small claims court can hear it). You waive any right to a class action or arbitration. You can opt out of arbitration by following the instructions below. 

• Users must be 18 years of age or older, and in the United States.

• Questions? Please e-mail us at info@firesideproject.org or call us at (213) 510-8075.

These Terms of Use, together with the Privacy Policy and any other documents and licenses expressly incorporated herein (collectively these “Terms”) constitute a legally binding agreement that governs your access to and use of the Services, whether as a guest, donor, caller, texter or registered user.  By using the Services, you agree to these Terms.  If you do not agree to the Terms, do not use the Services.  You will still be bound by the Terms as they existed when you last used the Services.  We reserve the right to make changes to these Terms as described below. Please check back from time to time to ensure you are aware of any updates or changes. 

These terms include important information about limitations of liability and an agreement to submit all disputes to individual mandatory arbitration – please read carefully.

I. Disclaimer; limitation of liability (please read carefully).

Disclaimer. The services and all of their text, images, software, audio and other content (collectively, “contents”) are provided strictly on an as-is, as-available basis and with all faults and defects without warranty of any kind. To the fullest extent provided by law, fireside project on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, hereby expressly disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

You must evaluate, and you bear all risks associated with, the use of the services, including without limitation any reliance on the accuracy, completeness, security, reliability, quality, or usefulness of any content available through or in connection with the services. Without limiting the foregoing, neither fireside project, nor anyone associated with fireside project, represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, compatible with any of your devices or software, reliable, error-free, or uninterrupted, that defects will be corrected, that our services or the technology that makes them available are free of viruses or other harmful components, or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

These services are not a substitute for medical or emergency services. If you think you or someone with you is experiencing a medical or psychiatric emergency, please call 911.

These services do not include medical care, medical assessments, psychotherapy, or any other type of professional service. If you need non-emergency medical care or assistance, please contact a doctor or other medical professional. If you are seeking psychotherapy or any other professional mental health service, please contact a psychologist or other mental health professional.

Limitation of liability.

To the fullest extent permitted by applicable law, in no event will fireside project or its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, or directors have any liability arising from or related to your use of or inability to use the services or content for:

1. Personal injury, pain and suffering, emotional distress, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, loss of revenue or income, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages or costs (including attorney’s fees).
   

2. Direct damages in amounts that in the aggregate exceed the greater of $100, or the amount actually paid by you for the services within the past year.

The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.

II. Accessing the services; account security.

Our Provision of the Services. We reserve the right to withdraw or amend Services, and any portion thereof, at any time and without advance notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including to registered users. It is your responsibility to make the arrangements necessary for you to have access to the Services.

Creating an Account. To use certain portions of the Services, you may be required to create an account (“Account”), create a password, and provide us with certain registration information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. To create an Account, you must have a unique, valid email address. Accounts cannot be shared. You acknowledge that your Account is personal to you and agree not to provide any other person with access to the Services or portions thereof using your user name, password, or other security information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 

Prohibition on Multiple Accounts. Each individual can have only one Account.  If you attempt to exceed this limit in any way, we reserve the right, in our sole discretion, to lock, disable, block or delete your Account(s).

User Names and Passwords. You are responsible for any use or misuse of your user name or password.  Please promptly notify us of any confidentiality breach or unauthorized use of your user name, password, or your Account.

Security.  We maintain safeguards intended to protect the integrity and security of the Services.  However, we cannot guarantee that the Services will be secure, complete, correct or up-to-date, or that access to the Services will remain uninterrupted.

Reliance on Information on Our Services.  The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services include content provided by third parties, including materials provided by other users, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Fireside Project, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Fireside Project. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Third Party Websites; Links. The Services may provide links to other websites or online services. We have no control over third parties, and their independent web Services, products or services are not governed by these Terms.  We are not responsible for the availability, accuracy, or security of such other Services. We do not endorse any third-party products and services.  When you navigate to a linked website, you are departing from our Services and entering an independent or third-party venue subject to the terms and conditions, Privacy Policy and relevant licenses of that provider.  Your use of other websites and online services is solely at your own risk. 

III. Our mobile applications.

These Terms Constitute a EULA With Respect To Our Apps. All of the provisions of these Terms of Use constitute an End User License Agreement (“EULA”), governing your use of our mobile applications, including the Fireside App on the Apple App Store, and the Fireside App on the Google Play Store, including all related documentation (the “Apps”). With regard to any App you download from the Apple App Store, this EULA is concluded between you and Fireside Project only, and not with Apple, and Fireside Project, not Apple, is solely responsible for the App and the content thereof.

The Apps are Licensed, Not Sold. You acknowledge and agree that the Apps, like the rest of the Services are licensed, not sold, to you. You do not acquire any ownership interest in the Services, including the Apps, under these Terms, or any other rights thereto other than to use the Apps in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Fireside Project and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including the Apps, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Your License to Use The Apps. Subject these Terms of Use, Fireside Projects grants you a limited, non-exclusive and nontransferable license to download, install, and use the Apps, strictly in accordance with these Terms and with the Apps’ intended functionality and documentation, solely for your personal, non-commercial use: (i) on a maximum of two (2) devices that you own or control, or (ii) in the case of an App downloaded from the Apple App Store, on any Apple product(s) that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Updates; No Maintenance or Support. Fireside Project may from time to time in its sole discretion develop and/or provide updates to its Apps, which may include upgrades, bug fixes, patches, error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Fireside Project has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You should promptly download and install all Updates, and you acknowledge the Apps or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Apps and be subject to all terms and conditions of these Terms. Neither Fireside Project nor Apple have no obligation whatsoever to furnish any Updates, maintenance, or support services with respect to the Apps or any other aspect of the Services.

Collection and Use of Your Information. You acknowledge that when you download, install, or use the Apps, Fireside Project may use automatic means (including, for example, cookies and web beacons) to collect information about your devices and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with our Apps is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Content and Services. The Apps may provide you with access to Fireside Project’s website(s), as described above, and other portions of the Services, such as the ability to speak with a coach or with our hotline. Your access to and/or use of any portion of the Services, whether through our Apps, our website(s), or any other medium, is governed by these Terms of Use and our Privacy Policy. 

Apple-specific Terms. With regard to any App downloaded from the Apple App Store, subject to all limitations, terms and conditions of these Terms of Use:

• As between Fireside Project and Apple, Fireside Project is responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed or Custom Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Apps’ use of the HealthKit and HomeKit frameworks.

• In the event that an App downloaded from the Apple App Store fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps.

• In the event of any third party claim that the Apps or your possession and use of the Apps  infringes that third party’s intellectual property rights, as between Fireside Project and Apple, Fireside Project will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

• Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof

Sanctions Compliance; Export. You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. The Apps may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Apps to, or make the Apps accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.

IV. Prohibited uses.

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate Fireside Project, a Fireside Project employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Fireside Project or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.

• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Services.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services. 

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

• Copy, modify, translate, adapt, or otherwise create derivative works or improvements of the Services or any portion thereof.

• Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof.

• Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof.

• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time.

• Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services.

• Otherwise attempt to interfere with the proper working of the Services.

V. Rules of conduct.

Follow the Law.  While using the Services, you are required to comply with these Terms and all applicable laws, rules and regulations.

Respect Others.  We expect users of the Services to respect the rights and dignity of others.  Do not use the Services to harass, stalk, threaten or otherwise violate the legal rights of others.  Do not impersonate anyone. Do not disrupt the operation of the Services. We reserve the right in our sole discretion to restrict use, block guests and/or terminate accounts that do not comport with these Rules of Conduct and to remove any materials that violate these Terms or which we find objectionable.

Indemnity. You agree to defend, indemnify and hold harmless us, and our directors, officers, employees, agents, affiliates, shareholders, licensors, and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Services, and (b) any violation of these Terms by you or through your account.

Termination. We may terminate your access to the Services at our sole discretion, at any time, and without prior notice.  We may immediately deactivate or delete all related information and files.

VI. Our coaching service.

Service Description.  In addition to its support line, Fireside Project offers a separate service called Fireside-Certified (TM) Psychedelic Coaching, where clients may purchase scheduled sessions with coaches before and after, but not during, psychedelic experiences. Single sessions or packages of sessions may be purchased in the manner and at the pricing listed on Fireside Project’s website. Sessions must be paid for at the time of purchase, using the payment methods identified by Fireside Project.

Like Fireside Project’s Psychedelic Support Line, Fireside’s coaching service does not provide medical care, medical assessment, psychotherapy, or any other professional service. Use of psychedelics involves risk. You are solely responsible for informing yourself about the risks involved, and you use psychedelics solely at your own risk. 

Expiration of Coaching Sessions. Coaching sessions must be used within one year of the date they were initially purchased; after that they expire and may no longer be used.

Refunds. You may request a refund of unused coaching sessions at any time before they expire, i.e., within one year of your initial purchase. For individual sessions, the full price will be refunded. For bundled sessions, a pro rata refund will be issued based on the discounted bundle rate. All refunds must be requested within one year of purchase. Please note that used sessions are non-refundable. 

If you fail to attend, or are late to, a scheduled session without prior notice, no refund will be issued. Any cancellations or requests to move a session must be made at least 24 hours in advance. Cancellations or rescheduling requests made less than 24 hours before the scheduled session will not be eligible for a refund.

Personal Information. Personal Information you submit on or through the Services, including your conversations with our Coaching Service and the Psychedelic Support Line, are governed by our Privacy Policy.

Consent to Text Messaging. By signing up for the Coaching Service and providing your telephone number, you consent to receive and authorize Fireside Project and its service providers to send you (i) SMS text messages, (ii) prerecorded audio messages (including calls to cellular phones), or (iii) other communications sent by an autodialer to your mobile device. You are responsible for all charges associated with receiving text messages.

VII. Online purchases

You may choose to make purchases on our website, which are governed by all the provisions of these Terms of Use, including the following:

Purchases of Goods. We may offer the opportunity for you to purchase goods on our platform, for example branded merchandise. Sales of goods are facilitated by third-party platforms (such as Shopify) and third-party shippers. We do not guarantee delivery timeframes. Any liability we may have for non-delivery of goods shall be limited to replacing the goods within a reasonable time, or refunding the portion of goods that was not delivered. Title and risk of loss for all goods passes to you upon shipment of the items. Our record, and/or our service providers’ record, of shipment shall be conclusive proof that items were shipped, unless you have conclusive proof to the contrary. 

Our Coaching Service. As described above. 

Donations. Fireside Project is a registered 501(c)(3) organization, and we appreciate your donations! We accept payment via check and via our third-party payment processors through our website.  

Corporate Membership. Corporate members enjoy the benefits listed on our website at https://firesideproject.org/corporate-membership. Corporate members are vital to our organization’s health, and we thank you for your support! Please note that benefits are subject to availability, and subject to change from time to time in our sole discretion.

Third-Party Platforms. We may use third-party platforms and/or payment processors to facilitate your online purchases. For example, our Fireside Threads service is powered by a service such as Shopify, using its payment processing vendors. Our donations are powered by services such as Donorbox and The Giving Block (for crypto donations). Payment for our Coaching Service is powered by processors such as Stripe and Acuity. We reserve the right to change vendors and service providers at any time, in our sole discretion. Your use of third-party services is subject to those services’ terms of use, which you must comply with, and with those services’ privacy policies: please familiarize yourself with them.

Payment. Unless otherwise specified, all payments are non-refundable. You agree to promptly pay all amounts invoiced to or otherwise owed by you. All prices are exclusive of all sales, use, excise taxes, any other taxes, duties, fees, and charges of any kind, including credit card fees, processing fees, or fees assessed by third-party service providers. You shall be solely responsible for all such charges, costs, taxes, and fees. 

VIII. Intellectual property.

The Services and its Contents, including all trademarks, service marks, and graphical elements, are our sole property unless otherwise expressly noted and are protected by copyright, trademark, patent, and/or other proprietary rights and laws.  The Services and its Contents may also contain various third-party names, trademarks, and service marks that are the property of their respective owners. Subject to these Terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the Services solely for your own personal, non-commercial purposes and solely in accordance with these Terms.

This license is terminable at any time, and does not grant you any additional rights with respect to the Services or its Contents.  Fireside Project reserves all other rights. You may not copy, modify, alter or change the Services, or any portion thereof, , or distribute, publish, transmit, reuse, re-post, reverse engineer, or disassemble the Services or any portion thereof for public or commercial purposes, including, without limitation, the text, images, audio and video.  Your use of the Services, or any portion thereof, except as provided in these Terms, without our express written permission of is strictly prohibited.

IX. Geographic and age restrictions.

Use of the Services are limited to users 18 years of age or older. If you are not at least 18 years old, you may not use the Services. The owner of the Website is based in the State of California in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of their Content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

X. Governing law and jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including contractual and non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services that is not subject to binding arbitration shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

XI. Dispute resolution

Please read this section carefully. It affects your rights.

Summary:

Most disputes can be resolved informally. If you have a concern, please contact us. In the unlikely event that we are unable to resolve your concern to your satisfaction (or if we haven’t been able to resolve a dispute that we have with you after attempting to do so informally), we each agree to resolve disputes arising out of your use of the Website through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. Whether to agree to arbitration is an important decision, and in making it you should not rely solely on the information in this agreement. You may opt out of this arbitration provision by following the instructions below.  

Arbitration Agreement:

(1) We and you agree to arbitrate all disputes and claims between us arising out of these Terms or your use of the Services. This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under any statute, regulation, or legal or equitable theory. It includes, but is not limited to:

• Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

• Claims that arose before these Terms or any prior agreement (including, but not limited to, claims relating to advertising);

• Claims that are currently the subject of purported class action litigation in which you aren't a member of a certified class; and

• Claims that may arise after the termination of these Terms.

References to "you", "we", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior agreements between us. 

Notwithstanding the foregoing, either party may bring an individual action in small claims court if your claims are within that court’s jurisdiction and are pending only in that court. You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. 

(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to us should be addressed to: Fireside Project, Inc., 2443 Fillmore St., #380-5757, San Francisco, CA 94115 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we and you don't reach an agreement to resolve the claim within sixty (60) days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.  

(3) The arbitration will be governed by the Commercial Dispute Resolution Procedures, and when applicable the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 800.778.7879. 

The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of the arbitration provision. Unless we and you agree otherwise, any arbitration hearings will take place in San Francisco, CA. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. 

(4) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. 

(5) Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address) during the term of these Terms of Use, you may reject any such change by sending us written notice within 30 days of change to the Notice Address provided above. By rejecting any future change, you're agreeing that you'll arbitrate any dispute between us in accordance with this provision.

(6) HOW TO OPT OUT OF ARBITRATION: You may opt out of this arbitration provision by sending a letter to the Notice Address referenced above, and providing each of the following pieces of information: (a) your full name; (b) your address; (c) your phone number; (d) the URL where you found this agreement; and (e) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these Terms of Use.

XII. Miscellaneous.

Notices.  Notices to you may be made via posting to the Services, by email, or by regular mail, in our sole discretion.  Notices to us should be made by emailing us at info@firesideproject.org.

Evidence.  You agree that a printed version of these Terms and of any notice given in electronic form, including by posting to the Services, shall be admissible in any judicial or administrative proceedings based upon or relating to these Terms.

Entire Agreement.  These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Fireside Project regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. 

Force Majeure.  Any failure or delay in the performance of our obligations will not be deemed a default or breach to the extent such failure or delay is due to computer or Internet or telecommunications breakdowns, denial of service attacks, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil unrest, rebellions or revolutions, strikes, supplier and third-party failure, lockouts, labor difficulties, quarantines, health related orders, or other similar actions taken by governmental authorities, or any similar cause beyond our reasonable control.

Waiver and Severability.  No waiver by Fireside Project of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fireside Project to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Information or Complaints. If you have a question or complaint regarding the Services, please contact us at Fireside Project, 2443 Fillmore St., #380-5757 San Francisco, CA 94115, info@firesideproject.org.  You may also contact us by calling us at (213)510-8075. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

All notices of copyright infringement claims, or other allegations of IP infringement, should be sent to the copyright agent designated in our Copyright and IP Infringement Policy set forth above, in the manner and by the means set out therein.

XIII. Changes.

Changes to the Services.  We may modify or discontinue the Services and its Contents at any time, in our sole discretion without notice.  We reserve the right to withdraw or amend the Services, and any service or material we provide on our Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Services is unavailable at any time or for any period.

Changes to the Terms.  We may change these Terms from time to time.   If we make material changes, we will provide reasonable notice, including by posting a revised version of these Terms, which are effective as of the date posted, through the Services. Your continued use of our Services following the posting of revised Terms means that you accept the changes.