Please note there are two sets of terms outlined on this page – one specifically related to your usage of our website, and the second related to our services. When you become a customer you are agreeing to both these sets of terms.
Fireside Group LLC Terms of Service for Website Usage
By accessing the website at http://meetfireside.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Fireside Group LLC’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Fireside Group LLC’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Fireside Group LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Fireside Group LLC’s website are provided on an ‘as is’ basis. Fireside Group LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Fireside Group LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Fireside Group LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Fireside Group LLC’s website, even if Fireside Group LLC or a Fireside Group LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Fireside Group LLC’s website could include technical, typographical, or photographic errors. Fireside Group LLC does not warrant that any of the materials on its website are accurate, complete or current. Fireside Group LLC may make changes to the materials contained on its website at any time without notice. However Fireside Group LLC does not make any commitment to update the materials.
Fireside Group LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Fireside Group LLC of the site. Use of any such linked website is at the user’s own risk.
Fireside Group LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Colorado and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Fireside Group LLC Terms of Service for Our Services
This agreement for advertising and marketing services (“Agreement”) is made as of the date of signup (“Effective Date”) by and between Client and FIRESIDE Group LLC (“Marketing Company”).
WHEREAS, the Client desires to advertise, market, and promote their products and / or services to the general public; and
WHEREAS, the Client desires to engage the Marketing Company and the Marketing Company desires to be engaged by the Client to advertise, market and promote the Client pursuant to the terms of this Agreement.
NOW THEREFORE in consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the receipt of sufficiency of which are hereby acknowledged, the Parties agree as follows:
- The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein.
- Payment Terms and Services: Marketing Company Services and fees are as set forth in Exhibit A. Client agrees to pay all invoices in advance, unless otherwise agreed to and stated on the Insertion Order. Client must notify Marketing Company of any dispute in connection with any invoice. Otherwise, such invoice shall be deemed accepted. Marketing Company may require Client to pay any third-party fees in advance. Client agrees that if an invoice is not paid in accordance with the terms, Marketing Company may refuse to perform further Services. All payments are final and non-refundable. Client shall be liable for any declined payment fees, and any past due invoices shall bear interest at the rate of 1% per month. Client further agrees to pay all reasonable costs of collection, including attorneys’ fees and court costs if it becomes necessary to place for collection any bill incurred under the Agreement. In the event of a filing by or against Client of a petition under the Bankruptcy Code, Marketing Company may discontinue services, demand advance payment, and/or terminate this Agreement. Marketing Company does not in any way guarantee or represent any results in connection with the Services, and Client is not guaranteed an increase in sales as a result of the Services.
- The term of this Agreement shall commence on the Effective Date and continue until the Marketing Company Services are canceled by either party.
- Client Responsibilities: In addition to the terms herein, Client must comply with all applicable third party terms and conditions in connection with the Services. Client shall cooperate with Marketing Company by timely providing information, approvals, content, and other materials in a timely manner. Marketing Company is not responsible for delays caused by Client, and such delays may result in an increase in Fees. Marketing Company shall not be liable and Client releases Marketing Company from any suspension or cancellation in services, changes in any service offerings from third parties, or their fee increases. All costs and expenses with respect to Services, and all other financial obligations and responsibilities of Client under this Agreement or otherwise agreed to by Client shall be borne and paid by Client. Client represents and warrants that Client owns all rights, title, and interest in any materials and content provided to Marketing Company, and such content and materials do not violate any third party rights or any applicable laws. To the extent that Client wishes to market and advertise any products with CBD, Client represents that such CBD products contain less than 0.3 percent THC and such advertising is not directed at anyone under the age of 21 and does not include any cartoons or marketing which would be appealing to children. In the event Client wishes to advertise and market recreational marijuana, Client must abide by the guidelines set forth in Exhibit Bas well as any applicable state and local laws as well as any changes to such laws.
- Conditions to Marketing Company’s Obligations: Notwithstanding anything contained in this Agreement, Marketing Company shall be excused from its obligations contained in this Agreement:
- To the extent and whenever Marketing Company shall be prevented from performing any obligation hereunder by events beyond Marketing Company’s reasonable control, including but not limited to any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, fire or other casualty, and any other causes beyond the reasonable control of anyone obligated to perform. Marketing Company’s obligations under this Agreement shall be excused for a period of time equal to any such prevention, delay or stoppage; or
- To the extent of any material breach by Client of any provisions of this Agreement.
- No Guarantee: Marketing Company makes no guarantee, warranty or representation that there will be profits or that there will not be losses from the operation of the Client’s business or from the media services or that Client will be satisfied with any media services as contemplated by this Agreement.
- Relationship of the Parties: The parties hereto are and shall at all times remain independent contractors, and nothing contained herein shall be deemed or construed as creating any partnership, joint venture, agency relationship, employment relationship, or any other relationship between them or any of their respective employees, agents or contractors other than that of independent contractors.
- Discounts, promotions, and coupons: Marketing Company reserves the right to add, modify, remove or cancel any offers at any time, and reserves the right to cancel any subscription at any time that has a discount applied.
- Indemnification and Limitation of Liability: Client shall indemnify, defend and release Marketing Company and any affiliates of Marketing Company, including any employees, advisors, service providers, and independent contractors in connection with any and all claims, damages, settlements, legal actions, losses, judgments and costs (including attorney’s fees) (“Claims”) resulting from Client’s content, materials, information, and representations regardless of whether promoted by Marketing Company or in connection with an affiliated marketing campaign, including but not limited to Claims involving the violation of any laws or the violation of any third party rights or misrepresentations. Marketing Company shall not be liable to Client or any other party for any damages, arising pursuant to this Agreement, in excess of the fees or other payments made by Client pursuant to this Agreement, even if aware that such damage might occur. FURTHER, Client expressly waives and releases MARKETING COMPANY AND ANY THIRD PARTY which runs Client’s advertising from any and all liability for incidental, special and/or consequential damages (including, without limitation, claims for lost profits or business).
- Requested Revisions: The Client shall be responsible for making additional payments, if any, for changes from the original job assignments as directed by the Client and only if agreed to by Marketing Company. Marketing Company reserves the right to change the scope of work for any service at any time.
- External costs: Out-of-pocket expenses for administrative, travel or third party services shall be the sole responsibility of Client. Travel expenses are defined as mileage, ground transportation, parking, food, and beverages. The Client shall be notified of any outside services that require partial or full payment such as photography, video production, talent, postage, research projects or others as required by vendor prior to the initiation of the project.
- Taxes: In the event that any federal, state or local taxes are imposed on any media services provided pursuant to this Agreement, such taxes shall be assumed and paid by Client.
- Litigation/Venue: All disputes between the Client and the Marketing Company shall be governed by Colorado law. Venue for any such suit shall be the state and federal courts in Denver, Colorado.
- Notices: Any and all notices, demands, and other communication necessary to be served under this Agreement shall be written and shall be either personally delivered or delivered to the party or party’s Attorney by (i) prepaid same day or overnight delivery service (such as Federal Express or UPS), with proof of delivery requested, or (ii) United States registered or certified mail, return receipt requested, postage prepaid, in each case addressed to such party at the last known address.
- Miscellaneous: The provisions which follow shall apply generally to the obligations of the Parties under this Agreement:
- This Agreement may not be amended except pursuant to a written instrument signed by both parties.
- This Agreement is binding upon the successors and assigns of the parties.
- The waiver by either party of any breach or violation of any provision of this Agreement must be in writing and shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Agreement.
- Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity and authority to enter into and perform its respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith.
This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement, which is fully expressed herein. This Agreement may be executed in counterparts.
EXHIBIT A – SERVICES AND FEES
As detailed on the FIRESIDE website.
EXHIBIT B – MARIJUANA ADVERTISING GUIDELINES
- All advertising must visibly include the legible name of the business as well as its license
- Any models or actors displayed in the advertising must reasonably appear to be over the age of Advertising should include a reference to “Must be 21 or over.”
- No advertising may contain any statement that is false or misleading (e.g., make any health claims about the use of marijuana). All advertising must be accurate.
- No advertising may provide for any form of “give-away,” coupons, or merchandise, including any toy or amount of cannabis or cannabis products or
- Design must not target minors, must not include cartoon characters, music, symbols or anything appealing to children, and is subject to review and approval by the local or regional publisher in its sole
- Advertising should not encourage the transport of cannabis over state
- Advertising should not depict anyone consuming/smoking
- Advertising should contain the following warnings: “This product has intoxicating effects and may be habit-forming. Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug. There may be health risks associated with consumption of this For use only by adults twenty- one and older. Keep out of the reach of children.”
- Advertising may not assert that marijuana is safe because it is legal or that it has received any certified lab or government