Freedom Chat Inc.

Terms of Use

Effective 7/1, 2023 Please read the following carefully. These Terms of Use (these “ Terms”) govern your access to and use of Freedom Chat Inc’s (“ Freedom Chat,” “ we,” “ us,” “ our”) website at freedomchat.com (the “ Site”), our mobile application (the “ App”) and the services offered therein (collectively, the “ Service”). Freedom Chat’s App provides users with the ability to privately message other users. “ You” or “ your” or similar terms refer to you as a user of our Service, including visitors to the Site and users of the App. This is a binding agreement. If you use the Service or click accept or agree to these Terms if presented to you in a user interface for the Service, we will understand this as your acceptance of these Terms and your agreement to all of its terms and conditions. By accepting these Terms or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not agree to all of these Terms, you are not authorized to use the Service and you must promptly cease using it.


By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described below. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “ Dispute”), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights (an “ Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. 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. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.


  1. Your Access to the Service

  2. Permitted use and Restrictions

  3. Privacy

  4. Use of App and Subscriptions

  5. Mobile Messaging Terms and Conditions

  6. Location

  7. Idea Submission

  8. Intellectual Property Rights

  9. Indemnity

  10. Warranty Disclaimer

  11. Limitation of Liability

  12. Termination

  13. Governing Law

  14. Dispute Resolution

  15. Additional Important Terms

  16. Changes to These Terms

  17. Contact Information
  1. Your Access to the Service
    1. Internet Access. When using the Site or App on your device, you acknowledge and agree that you are responsible for (i) maintaining Internet access for your device and (ii) any Internet connection and telecommunications fees and charges that you incur.
    2. Your Device. Freedom Chat is not responsible for the operation of your device. You are responsible for ensuring the system functions of your device are in working order when accessing the Site and App, including, but not limited to screen display operation features of your device.
    3. No Guarantee. Access to the Service may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.
  1. Permitted Use and Restrictions
    1. License Grant. Subject to the terms and conditions of these Terms, Freedom Chat hereby grants you a limited, revocable, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service solely for use on a device that you own or control, subject to and in accordance with these Terms. We reserve all other rights, which are not granted in these Terms.
    2. Use RestrictionsYou may not access or use the Service in any way that is not expressly permitted by these Terms. You may only use the Service for lawful purposes and in accordance with applicable law and you are prohibited from storing, distribution, or transmitting any unlawful material through the Service. Any transmission, distribution or storing of unlawful material or using the Service and its contents for unlawful purposes may result in termination or suspension of your use of the Service and/or these Terms and may expose you to criminal or civil liability. You may not do, attempt to do, enable, or encourage anyone else to:
      1. Cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service (including, without limitation, reducing the code used in the App or the Service into a readable form);
      2. Sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity;

      Exploit any resource, or access any resource, contained in the Service, including, without limitation, any attempt to collect users’ phone number for any purpose, including for analysis purposes and/or parsing;

    1. Violate, misappropriate, or infringe the rights of Freedom Chat, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
    2. Publish falsehoods, misrepresentations, or misleading statements;
    3. Promote violence, criminal activity, extremism, terrorism, or hate groups;
    • Use the Service in ways that are obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive or initiate or encourage conduct that would be illegal or otherwise inappropriate, such as endangering or exploiting children or others or coordinating harm;
    • Use the Service for any unlawful, prohibited, abnormal or unusual activity as determined by Freedom Chat in its sole discretion.
    1. Eligibility. You may only use the Service if you are an individual 18 years of age or older or a duly organized, validly existing business, organization, or other legal entity in good standing under any and all applicable laws, and able to enter into legally binding contracts. Individuals age 13 and over, but under the age of 18, may utilize the Service only with the involvement, supervision, and approval of a parent or legal guardian and subject to these Terms. Individuals under the age of 13 are not permitted to use the Service.
    2. We may, but are not obligated to, monitor, or review our Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Section 12 ( Termination) below.
    3. Violation of these Terms. You must not use (or permit a third-party to use) the Service:
      1. In any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service;
      2. In a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users;

    To collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service;

    1. Via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service;
    2. To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms;
    3. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or Engage in the sending of bulk messages, auto-messaging, auto-dialing, or similar conduct.

    You acknowledge and agree that you are solely responsible, and Freedom Chat has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms or for the consequences of any such breach.

  1. Privacy

    These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your Device as explained in the Privacy Policy.

  1. Use of the App and Subscriptions
    1. Subscriptions. To use the App (including to send and receive messages), you must provide your mobile number and enroll in a paid Subscription (a “ Subscription Plan”). If you enroll in a Subscription Plan, you will be charged the subscription fee, plus any applicable taxes and other charges (“ Subscription Fee”) at the beginning of your Subscription Plan and each Subscription Plan period (e.g., monthly, or as otherwise specified when you enroll) thereafter.
    2. Paid Subscription Plans Obtained Only Through Third-Party App Stores. All billing and refunds are handled by the application store (e.g., Apple App Store, Google Play Store) through which the App was downloaded (each, an “App Store”) and is governed by that App Store’s own terms and conditions. More information about how you may be able to manage a Subscription Plan using your mobile device, may be set out in the App Store’s own terms and conditions or in your mobile device’s “Settings” application.
    3. Subscription Renewal. Your Subscription Plan will renew automatically at the end of the applicable subscription period (e.g., at the end of the month for a monthly subscription) until you cancel. Renewal rates are subject to change, but you will be notified of any change in your rate and be provided with the option to cancel in accordance with these Terms and the App Store’s terms and conditions.

      WHEN YOU ENROLL IN A SUBSCRIPTION PLAN, YOU AGREE THAT YOU WILL BE CHARGED PERIODICALLY, AND SUCH CHARGES DO NOT REQUIRE FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL

    4. Subscription Cancellation. You may cancel your Subscription Plan at any time. You must cancel your Subscription Plan as described in the applicable App Store’s terms and conditions (e.g., if you purchased a Subscription Plan through the Apple App Store, you can cancel through your devices’ Account Settings or in the manage Subscriptions section of the Apple App Store; if you purchased a Subscription Plan through the Google Play, you can cancel by visiting the Subscriptions section of Google Play).
    5. Changes to the Subscription or Subscription Fee. We reserve the right to change Subscription Plans or adjust pricing for Subscription Plans in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price change or changes to your Subscription Plan will take effect in the next subscription cycle after notice to you.
    6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used Subscription Plan periods. Following any cancellation of a Subscription Plan, however, you will continue to have access to the subscription portions of the Service through the end of your current billing period. If you have any payment related issues with Subscription Plans, then you need to contact the App Store directly.

      Trial Subscriptions. Freedom Chat may offer a Subscription Plan with a free trial for a limited period of time (the “ Free Trial Period”). If you decide that you do not want to become a paying user of the Subscription Plan upon the end of the Free Trial Period, you must terminate your Subscription Plan by the end of the Free Trial Period or you will be charged the Subscription Fee. If you start a Subscription Plan with a Free Trial Period and cancel before the Free Trial Period ends, you cannot reactivate the free trial.

  1. Mobile Messaging Terms and Conditions
    1. By agreeing to these Terms or using the Service, you also agree to receive communications from us, including via text message. We work with a third-party service provider to send text messages to verify your phone number when you sign up for the App. To use the App, you must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Message and data rates may apply.
    2. Text messaging is not available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Service. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Freedom Chat’s control.
  1. Location

    The Service is operated by Freedom Chat in the United States. If you choose to access the Service from a location outside the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.

  1. Idea Submissions
    1. We welcome feedback from our users and appreciate your comments regarding our Service. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“ Submissions”) that we have not specifically requested. This policy is intended to help us, and our users avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a user’s idea.
    2. If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances. The foregoing shall not apply to information received in connection with any matter that is subject to a confidentiality agreement between you and Freedom Chat (if applicable).
  1. Intellectual Property Rights
    1. Trademarks. Freedom Chat’s name and logo are trademarks and service marks of Freedom Chat. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.
    2. Ownership. You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all other content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Freedom Chat, and are protected by intellectual property laws. You acknowledge and agree that Freedom Chat, and/or its licensors, own all right, title, and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international intellectual property laws. Further, you acknowledge that the Service may contain information that Freedom Chat has designated as confidential, and you agree not to disclose such information without Freedom Chat’s prior written consent. Nothing posted on the Service grants a license to any Freedom Chat trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by intellectual property laws unless otherwise noted and may not be used except with the written permission of Freedom Chat. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
  1. Indemnity
    1. You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “ Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with: (i) your use of the Service; (ii) your breach or violation of any of these Terms; or (iii) your violation of any law, rule, or regulation or of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
  1. Warranty Disclaimer
    1. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.
    3. No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.
    4. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
  1. Limitation of Liability
    1. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF FREEDOM CHAT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service, is to stop using the Service. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.
    3. In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for services in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred. THIS TIME PERIOD MAY BE SHORTER THAN OTHERWISE PROVIDED BY LAW.
    4. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FREEDOM CHAT’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON FREEDOM CHAT’S GOVERNING LAW PROVISION SET FORTH BELOW.
    5. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
  1. Termination
    1. Where permissible under applicable law, we have the right to terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, including, without limitation, by blocking you or suspending or terminating your use of the App and/or Subscription Plan, including, without derogating form our general right, if you violate these Terms or other policies or the law, or if we decide not to provide the Service or any part thereof. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Service, or any software, facilities, and services on the Service, with or without notice or to establish general guidelines and limitations on their use.
    2. On termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (iii) you acknowledge that we may restrict your access to the Service. Sections 3 and 7–15 will survive any termination or expiration of these Terms.
  1. Governing Law

    These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of Delaware in the United States, without regard to any choice or conflict of laws principles (whether of the State of Delaware or any other jurisdiction).

  1. Dispute Resolution
    1. Concerns. Most concerns can be resolved quickly by contacting us at the contact details in Section 17 ( Contact Information) below.
    2. Arbitration Procedures. In the event your concern cannot be resolved informally, you and Freedom Chat agree that, except as provided in Section 14(e) below, all Disputes, (each a “ Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “ JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 14 ( Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.

       

      Except as otherwise set forth in Section 14(e) below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Freedom Chat will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Freedom Chat may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

    3. Location. The arbitration will take place in the City of Denver, Colorado unless the parties agree to video, phone, or internet connection appearances.
    4. Limitations. You and Freedom Chat agree that any arbitration shall be limited to the Claim between Freedom Chat and you individually. YOU AND FREEDOM CHAT AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
    5. Exceptions to Arbitration. You and Freedom Chat agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
    6. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
    7. Severability. You and Freedom Chat agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 14(e)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 14(e) is found to be illegal or unenforceable then neither you nor Freedom Chat will elect to arbitrate any Claim falling within that portion of Section 14(e) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the City of Denver, Colorado, and you and Freedom Chat agree to submit to the personal jurisdiction of that court.
  1. Additional Important Terms
    1. Assignment. The rights granted to you under these Terms may not be assigned without Freedom Chat’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
    2. Severability. Except as otherwise provided in Section 14(g), if any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
    3. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 14(f), the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees, and other expenses incurred by such prevailing party in any legal action relating to these Terms.
    4. No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Freedom Chat of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.
    5. Equitable Remedies. You acknowledge and agree that Freedom Chat would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
    6. Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Freedom Chat with respect to the Service and supersedes any and all prior agreements between you and Freedom Chat relating to the Service.
    7. Transfer. We may transfer our rights and obligations under these Terms to another organization but this will not affect your rights or our obligations under these Terms.
  1. Changes to These Terms

    We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.

  1. Contact Information

    If you have any questions or comments relating to the Service or these Terms, please contact us at support@freedomchat.com or visit our FAQs page.