Terms & Privacy Policy

Last Modified: October 11, 2023

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Acceptance of the Terms of Service

These Terms of Service are entered into between you (“you” or “your”) and Entitlements! How? d/b/a Free the Facts (“Company”, “we”, “us” or “our”). The following terms and conditions, together with our Privacy Policy (as defined herein) and any other documents or policies incorporated herein by reference (collectively, these “Terms of Service”) govern your use of freethefacts.org (the “Website”) and any other website or mobile or desktop application owned or operated by Company or its affiliates, including any content, functionality, and services offered on or through any of the foregoing (collectively, the “Services”), whether you use the Services as a guest or a registered user.

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Please read these Terms of Service carefully before you use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, available in the next tab (our “Privacy Policy”), which is incorporated herein by reference. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.

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IMPORTANT NOTICE: THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS. PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY FOR DETAILS REGARDING ARBITRATION AND JURY TRIAL AND CLASS ACTION WAIVERS.

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Services Availability

The Services are offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. Additional age or other supplemental restrictions may be relevant based on where you live. By using the Services, you represent and warrant that you are over the age of 13. If you are over the age of 13, but under the age of 18, your parents or legal guardian must read and agree to these Terms of Service. If you do not have consent from your parent or legal guardian, you must immediately stop your use of the Services.  If you are under the age of 18, your parent or guardian will have control over your access to and use of the Services.

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Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all use of the Services thereafter. Your continued use of the Services means that you accept and agree to the changes. You are expected to check this page frequently so that you are aware of any changes, as they are binding upon you.

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Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services or all of the Services, to users, including registered users.

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You are responsible for both:

• Making all arrangements necessary for you to have access to the Services; and
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Service and comply with them.

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To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of such Services that all the information you provide to us is correct, current, and complete. You agree that all information you provide to us to register, including, but not limited to, through the use of any interactive features of 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.

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If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also 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 username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, 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 Services.

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Intellectual Property Rights

The Services and any and all content, features, and functionality on or made available through or via the Services, including without limitation, text, graphics, images, software, audio, video, information, data materials, products, and services (collectively, the “Content”) are owned by Company or our content providers or licensors. Subject to these Terms of Service, the Content is protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. Any use of the Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws or the rights of third parties. Content and features are subject to change or terminate without notice at our sole and exclusive editorial discretion. All rights not expressly granted herein are reserved to us. If you violate these Terms of Service, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. No right, title, or interest in or to the Services or any Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

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Use Restrictions

These Terms of Service permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content displayed, contained in, or depicted in the Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

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You must not:

• Modify copies of any materials from the Services.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
• You must not access or use for any commercial purposes any part of the Services or materials made available through the Services.

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Prohibited Uses

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

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• 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 theWebsite, the server on which the Services are stored or hosted, 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.
• Otherwise attempt to interfere with the proper working of the Services.

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User Submissions

The Services may contain message boards, chatrooms, bulletin boards, forums, and other interactive features which allow you to post, submit, publish, display, or transmit to other users or persons information, communications, or content (including, but not limited to, photos, videos, personal stories, anecdotes and jokes) (each a “User Submission”). By submitting any User Submission to the Services, you agree that all User Submissions are non-confidential for all purposes and you grant us and each of our affiliates and partners a worldwide, irrevocable, nonexclusive, perpetual, royalty-free, fully sub-licensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your User Submissions and all copyright, trade secret, trademark or other intellectual property rights contained therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party. Each User Submission may also be subject to such other terms and conditions as any of the affiliates and third parties may specify for particular submissions. By submitting any User Submission, you represent and warrant you have full authority to grant the rights set forth above and your material will not, in whole or in part, infringe the intellectual property rights, rights of privacy or publicity, or any other rights of any third party. Submitting a User Submission in no way creates any obligation or duty on our part or the part of any affiliate and partner to post or use such Submitted Item or, if we do so, to give you credit. We may contact you via phone, email or mail regarding your submission. All User Submission must comply with the Content Standards set out in these Terms of Service.

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Content Standards

The following content standards apply to all User Submissions. Please these content standards carefully. User Submissions must in their entirety comply with all applicable federal state, and local laws and regulations.  You are solely responsible for the content of User Submissions. While we reserve the right to remove any objectionable posts that are in violation of these Terms of Service, we cannot review every post to ensure compliance. Any post that is removed by us is done in our sole discretion and may not be appealed. Without limiting the generality of the foregoing, you acknowledge and agree to the following:

• User Submissions shall not reveal any private information, including but not limited to the health, financial, or personally identifiable information of any person. Furthermore, you agree not to reveal the health or other private information of third parties without their knowledge and consent.
• We are not responsible for the consequences of any communications made through the Services. In cases where you feel threatened or believe someone else is in danger, you should take appropriate action such as contacting your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
• User Submissions shall not contain any content or material that is libelous, deceptive, defamatory, indecent, obscene, offensive, violent, pornographic, slanderous, threatening, inflammatory, harassing, hateful, or abusive, to any other person or entity, or is otherwise inappropriate or unlawful.
• User Submissions shall not promote discrimination based on race, sex, religion, nationality, disability, health status, sexual orientation, or age. You agree not to upload to or distribute or otherwise publish any content that violates or infringes the copyright, trademark, or any other personal or proprietary rights of any third party.
• You agree not 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 the Company or users of the Services, or expose them to liability.
• You agree not to impersonate or attempt to impersonate the Company, a Company 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).
• You agree not to post or transmit any advertising or promotional material including any “junk mail”, “chain letter”, “spam”,  “pyramid scheme”, or other similar solicitation, ; or allow another person or entity to use your identification for posting or viewing comments; distribute viruses or other harmful computer code; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same note more than once.
• You agree not to disrupt the normal flow of dialogue, or post comments not related to the topic being discussed (unless it is clear the discussion is free form), or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in our sole judgment, exposes us or any of our affiliates, licensors, licensees, customers or suppliers to any liability or detriment of any type.
• If you become aware of a violation of these Content Standards, please notify Company by sending a detailed email message to contact@freefacts.org.

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DMCA Notice and Care

You agree you will not upload or transmit any User Submissions or content of any type that infringe or violate any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. You should notify us promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third-party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

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Please contact us at contact@freefacts.org or the address listed at the bottom of this section for copyright infringement notices, if you have a question about us, a general inquiry, or need to contact us for any reason.

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Entitlements! How?
2365 Harrodsburg Road
Suite B230
Lexington, KY 40504

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Monitoring and Enforcement

We reserve the right (but are not obligated) to do any or all of the following:

• Record the dialogue submitted through the Services.
• Remove, delete, or refuse to post any User Submission for any reason or no reason in our sole discretion.
• Investigate any allegation that a User Submission does not conform to Content Standards and/or the Terms of Service. •
• Terminate a user’s access to any or all of the Services upon any breach of these policies and/or the Terms of Service.
• Monitor, edit or disclose any communication posted in the Services to any third party, including to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Edit any communication(s) posted anywhere on the Services, regardless of whether such communication(s) violate the Content Standards.
• Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms of Service or the Content Standards, or infringes upon any intellectual property or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.

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Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

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You acknowledge and agree that we cannot review all material before it is posted via the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

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Reliance on Information Posted

All Content presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any Content. Any reliance you place on such Content 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 user of the Services, or by anyone who may be informed of any of its contents.

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Advertisements and Links to Third Party Sites

The Services may contain content provided by third parties, including but not limited to text, images, links, fundraising services or information, and other resources (“Third Party Content”). Third Party Content is provided for your convenience only. We do not endorse, control, or guarantee the accuracy or reliability of any Third Party Content and accept no responsibility or liability for any loss, damage, or other claim that may arise from your use of it.  If you decide to access any Third Party Content linked to or embedded via the Services, you do so entirely at your own risk and subject to the terms of use for such third party provider. You should be aware that both the terms of use and the privacy policies of third party providers may differ from ours. Any disputes or issues arising from Third Party Content must be addressed directly with the third party provider.

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Supplemental Terms

Certain services provided via the Services may be subject to additional or supplemental terms or policies (“Supplemental Terms”) and you agree to be bound by such Supplemental Terms to the extent that you access or use those services.  Any Supplemental Terms are in addition to and form a part of these Terms of Services. Supplemental Terms shall prevail over the terms of this Agreement, solely with respect to the specific subject matter therein.

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Feedback

In the event that you elect to provide feedback, comments, ideas, proposals, or suggestions regarding the Services (“Feedback”), you agree that such Feedback will be the sole and exclusive property of Company and that Company is free to use it for any purpose without any restriction, remuneration, compensation, or attribution to you.

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Trademarks

The tradenames, logos, titles, designs and trademarks under which we and our affiliates operate are trademarks of us, our affiliates or licensors and are all proprietary to their respective owners. Except as specifically permitted in accordance with these Terms of Service, any use of such names, tradenames, logos, titles, designs and trademarks is strictly prohibited without the prior written consent of their respective owners.

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Geographic Restrictions

We are based in Lexington, Kentucky, in the United States of America. We provide the Services for use only by persons located within the United States. We make no claim the Content is appropriate or may be downloaded outside of the United States. Access to and contact or input to the Content may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

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Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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YOUR USE OF THE SERVICES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OR VIA THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH OR VIA THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY 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.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

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Indemnity

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising from your violation of these Terms of Service or your use of the Services, including without limitation your User Submissions or your use of (or reliance upon) any of the Content derived from the Services, including without limitation Third Party Content.

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Governing Law

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

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Dispute Resolution

Except as expressly provided otherwise herein, any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Service or your use of the Services shall be exclusively resolved by final and binding arbitration. The arbitration shall be conducted by a single arbitrator. The place of arbitration shall be Lexington, Kentucky.  The arbitration shall be conducted in accordance with Rules of Arbitration of the American Arbitration Association (AAA) applying Kentucky Law. Notwithstanding the foregoing, you agree that Company, or its affiliates or licensors may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin the infringement or misappropriation of Company’s (or its affiliates’ or licensors’) intellectual property rights.

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Waiver of Jury Trial  

YOU AND COMPANY AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES.

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Class Action Waiver  

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

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Limitation to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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No Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Service 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 the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

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If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

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Complete Agreement

Except as expressly provided in a particular “legal notice” on the Services, these Terms of Service, any Supplemental Terms, and our Privacy Policy constitute the entire agreement between you and Company with respect to the use of the Services.

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Your Comments and Concerns

The Services are operated by Entitlements! How? d/b/a Free the Facts.  All Feedback, comments, requests for support, and other communications relating to the Services should be directed to: contact@freefacts.org.

Thank you for your cooperation. We hope you find this Site helpful and convenient to use.

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