Terms and Conditions

Terms and Conditions (v.1.0)

I. Introduction

Last Updated: March 31, 2024

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Freedom Du Jour LLC and FDJ News (“we,” “us” or “our”), concerning your access to and use of the FDJNews.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, our “Website”).

You agree that by accessing our Website, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, you are expressly prohibited from using our Website and you must discontinue use immediately.

Supplemental terms and conditions or documents posted on our Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the date contained in the “Last Updated” line at the top of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of our Website after the date such revised Terms and Conditions are posted.

The information provided on our Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access our Website from other locations do so on their own initiative and are solely responsible for compliance with local laws (if and to the extent local laws are applicable).

Our Website is intended for users who are at least eighteen (18) years old. Persons under the age of eighteen (18) are not permitted to use our Website.

II. Privacy

We care about data privacy and security. Please review our Website Privacy Policy. By using our Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

Our Website is hosted in the United States. If you access our Website from the European Economic Area, the United Kingdom, Switzerland, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of our Website, you are transferring your data to the United States, and you expressly consent to having your data transferred to and processed in the United States.

III. Our Rights to Property and Content

Unless otherwise indicated, our Website is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on our Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on our Website “as is” for your information and personal use only. Unless expressly stated in these Terms and Conditions, no part of our Website or any Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial or personal purpose without our express prior written permission.

Provided that you are eligible to use our Website, you are granted a limited license to access and use our Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights in and to our Website, the Content, and the Marks that are not expressly granted to you.

IV. User Representations

By using our Website, you represent and warrant the following:

If we are offering user accounts, all registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of registration information and promptly update it as necessary.
You have the legal capacity and you agree to comply with these Terms and Conditions.
You are not under the age of eighteen (18), or if you are under the age of eighteen (18), you have received permission from a parent or legal guardian to use our Website.
You will not access our Website through automated or non-human means, whether through a bot, script, or otherwise.
You will not use our Website for any illegal or unauthorized purpose.
Your use of our Website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account (if applicable) and refuse any and all current or future use of our Website or a portion thereof.

V. Prohibited Activities

You may not access or use our Website for any purpose other than that for which we make our Website available. Our Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of our Website, you agree to not engage in the following activity:

Systematically retrieve data or other Content from our Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of our Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on our Website.
Use our Website to sell or advertise goods and services.
Circumvent, disable, or otherwise interfere with security-related features of our Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Website and/or the Content contained therein.
Engage in unauthorized framing of or linking to our Website.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on our Website or the networks or services connected to our Website.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your account.
Use any information obtained from our Website in order to harass, abuse, or harm another person.
Use our Website as part of any effort to compete with us, or otherwise use our Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up a part of our Website.
Attempt to bypass any measures of our Website designed to prevent or restrict access to our Website or any portion of our Website.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Website to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt our Website’s software, including but not limited to HTML, CSS, JavaScript, PHP, Python, or other code.
Upload or transmit viruses, malware, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Website.
Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including without limitation, web beacons, pixel tags, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of using a standard search engine, internet browser, or RSS reader, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Website, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Website.
Use our Website in a way that is contrary to any applicable laws or regulations.

VI. User Generated Contributions

Our Website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, reviews or ratings sections, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on our Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, reviews, ratings, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of our Website and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

A. Representations and Warranties for Contributions

When you create or make available any Contributions, you thereby represent and warrant the following:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, our Website, and other users of our Website to use your Contributions in any manner contemplated by our Website and these Terms and Conditions.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by our Website and these Terms and Conditions.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not profane, obscene, lewd, lascivious, filthy, violent, hateful, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the overthrow of any government.
Your Contributions do not incite, encourage, or threaten physical harm or property damage against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone.
Your Contributions do not attempt to exploit anyone in a sexual or violent manner.
Your Contributions do not depict any person in a state of undress (whether actual, drawing, painting, digitally rendered, or otherwise), including exposure of the genitals, buttocks, back, chest, the region of the front of the body between the chest and the waist, and the legs more than three (3) inches above the knees.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, marital status, physical handicap or disability, age, or religion.
Your contributions do not violate any law intended to protect the health or well-being of minors.
Your contributions do not endorse illegal activity.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Use of our Website in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use our Website.

B. Contribution License

By posting your Contributions to any part of our Website, or by making Contributions accessible to our Website by linking your account from our Website to any of your social media accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, whether for commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that no other moral rights have been asserted in your contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you on any part of our Website.

You are solely responsible for your Contributions to our Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, to (1) edit, redact, or otherwise change any Contribution; (2) recategorize any Contributions to place them in more appropriate locations on our Website; and (3) prescreen or delete any Contribution at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

C. Guidelines for Reviews and Ratings

Reviews and ratings posted on our Website, or in relation to our Website, are Contributions, as defined in these Terms and Conditions, and are subject to the User Generated Contributions, Representations and Warranties for Contributions, and Contribution License sections of these Terms and Conditions immediately above.

When posting a Contribution on our Website in the form of a review or rating, you must comply with the following additional terms and conditions:

You shall have first-hand experience with the object of the review or rating.
You shall not be affiliated with a competitor if posting a negative review or rating.
You may not organize a campaign encouraging others to post reviews or ratings, whether positive or negative.

We may accept, reject, or remove reviews and ratings in our sole discretion. We have absolutely no obligation to screen reviews and ratings or to delete reviews and ratings, even if objectionable or inaccurate. Reviews and ratings are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or rating, or for any claims, liabilities, or losses resulting from any review or rating.

VII. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, tips, feedback, data, files, documents, and other information in any form (“Material”) provided by you to us using information on the Contact Page of our Website, or provided by you to one or more of our authors using information on any Author Contact Page of our Website, (each respectively, a “Recipient”) are non-confidential and shall become the respective Recipient’s sole property. The respective Recipient shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Material for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Material, and you hereby warrant that any such Material are your originals or that you have the right to submit such Material. You agree there shall be no recourse against us or any Recipient for any alleged or actual infringement or misappropriation of any proprietary right in your Material.

A. Types of Submissions Prohibited

Some submissions are prohibited because they contain prohibited Material, and must not be sent to us or our authors. If a prohibited submission is received by us, it will be securely deleted and receipt of the submission will not be acknowledged. By using our Website, you agree to not send submissions containing the following prohibited Material:

a. Leaked Material

Leaked Material is any Material obtained with authorization, but shared or disclosed without authorization. Examples of leaked Material include, but are not limited to, documents obtained by an employee of a company during the course of employment and shared or disclosed with one or more individuals who were not authorized to receive or view said Material. Leaked Material includes Material leaked in the first instance and Material received or viewed by another after it was leaked.

b. Hacked Material

Hacked Material is any Material obtained by accessing a computer without authorization or in excess of authorization. Hacked Material includes Material hacked in the first instance and Material received by another after it was hacked.

c. Stolen Material

Stolen Material is any Material obtained by theft, as it is criminally defined in the jurisdiction from which the Material was obtained. Stolen Material includes Material stolen in the first instance and Material received by another after it was stolen.

d. Protected Material

Protected Material is any Material that (1) contains private information protected by law, or (2) personal identifiers. Examples of private information protected by law include, but are not limited to, medical records and evidence related to a criminal or civil case that is under a protective order not to be disclosed (unless that evidence has already been placed on the public record). Examples of personal identifiers include, but are not limited to, social security numbers, copies of driver licenses, and home addresses.

e. Sealed Material

Sealed Material is any Material under order by a court of law to not be placed on the public record. Examples of sealed Material include, but are not limited to, motions and court orders filed in a legal proceeding that have been ordered sealed by a presiding judge.

B. Obtaining Legal Counsel

You acknowledge and agree to obtain legal counsel from a competent attorney before sending either us or one of our authors any submission of Material. Your legal counsel must provide you with a written and signed legal opinion stating that you are in compliance with all applicable laws and these Terms and Conditions with respect to your planned submission.

VIII. Third-Party Handling of Physical Mail

A. Mail Sent to Us

We use The Things We Do PR, LLC to receive, open, scan, and upload a digital copy of all received mail to our account with The Things We Do PR, LLC. Physical copies of all received mail are destroyed after being digitized. If you do not want your physical mail correspondence digitized and stored in this manner, do not send physical mail to our address.

Do not send packages to us. All packages will be refused delivery and returned to sender.

B. Mail Sent to Authors Individually

If an individual author has a physical mailing address listed on the Contact subpage of the author’s profile, mail sent to that address is not received by us and the respective individual author is responsible for receiving, opening, and acting upon all mail sent to that address.

IX. Donations and Gift Donations

A. Donations Made to Us

We list donation methods on the Donate page of our Website and may also include embedded donate forms below our articles. All donations made via these donation methods and forms are made directly to us and are logged as our business income. We are a for-profit company. Your donations are not tax deductible. Donations made to us are also not gifts under US tax code.

By making a donation to us, you agree that your donation is not for payment of services or products, and we owe nothing in return for your donation. All donations are final, and no refunds will be issued. Donations will be used as we see fit, without any limitation.

Please also see the relevant sections of our Website Privacy Policy addressing donations.

B. Gift Donations Made to Authors Individually

Individual authors may list gift donation methods on the Donate subpage of the given author’s profile page. All gift donations made via those donation methods are made directly to the authors in their personal capacities.

Gift donations sent to individual authors do not come into our possession and do not constitute our business income.

By making a donation to an individual author, you agree that your donation is a gift to that author in the author’s personal capacity, and you provide that gift from a position of detached and disinterested generosity, out of affection, respect, admiration, charity, or like impulses. You further agree that your gift donation is not for payment of products or services, and the author owes nothing in return for your gift donation. Gift donations are not tax deductible.

Donors giving gift donations of $18,000 or more (applicable in 2024) could be subject to gift taxes. Donors should consult their tax advisors for more information. All gift donations are final, and no refunds will be issued. A gift donation made to an individual author will be used as the author sees fit, without any limitation. Authors have no profit motives in soliciting and receiving gift donations.

Please also see the relevant sections of our Website Privacy Policy addressing donations.

X. Native User Account Registration

If we are offering user accounts, you will have the option to register an account with our Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

XI. Linked Third-Party Accounts

Our Website may offer you the ability to register and login using your third-party service provider account details (each such account, a “Third-Party Account”), e.g., your Facebook or Google account login. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through our Website via your account, and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on our Website.

If a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, your Third-Party Account Content may no longer be available on and through our Website.

Your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with them.

We make no effort to review any Third-Party Account Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Third-Party Account Content.

You can deactivate the connection between our Website and your Third-Party Account via your account settings on our Website (if applicable) or by contacting us using the contact information in the Contact Us section of these Terms and Conditions below.

XII. User Data

We maintain certain data that you transmit to our Website for the purpose of managing our Website and data relating to your use of our Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Website.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

XIII. Third-Party Websites and Content

Our Website may contain (or you may be sent via our Website) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, forms, and other content or items belonging to or originating from third parties (“Third-Party Content”).

We do not investigate, monitor, or check such Third-Party Websites or Third-Party Content for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites accessed through our Website or any Third-Party Content posted on, available through, or installed from our Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content shall not imply approval or endorsement thereof by us. If you decide to leave our Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and these Terms and Conditions no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Website or relating to any applications you use or install from our Website. You agree to hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Any purchases or donations you make through Third-Party Websites are not processed or fulfilled by us, and we take no responsibility whatsoever in relation to such purchases or donations, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered, or the donation payment forms provided, on Third-Party Websites and you agree to hold us harmless from any harm caused by your purchase of such products or services, or your making of donations.

XIV. Website Store

Our Website sells products through our Website store. All gross receipts from sales through our Website store are our business income. The following terms and conditions apply to your use of our Website store and your purchase of products offered through our Website store:

A. Products

We make every effort to display the colors, features, specifications, and details of the products available on our Website as accurately as possible. We do not, however, guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any product at any time for any reason. Prices for all products are subject to change.

B. Purchases and Payments

You agree to provide current, complete, and accurate purchase and billing information for all purchases made through our Website store. You further agree to promptly update your account (if applicable) and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in United States dollars.

You agree to pay the charge at the prices in effect at the time of your purchase, including any applicable shipping fees, and you authorize us to charge your chosen payment method for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

If your order is subject to recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

We reserve the right to refuse any order placed through our Website store. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer name, the same customer account (if applicable), the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

C. Returns, Exchanges, and Refunds

We do not accept returns or exchanges on non-defective or undamaged products. All products offered through our Website store are produced print-on-demand and shipped by a third-party service provider. We do not keep products in stock and do not have the resources to accept and process returns or exchanges. All sales are final, and no refunds will be issued.

a. Exceptions

For defective or damaged products, please contact us at the email address provided on the Contact Page of our Website. We will arrange for a return and refund or an exchange through our third-party print-on-demand service provider.

XV. Advertisers

We may allow advertisers to display their advertisements and other information in certain areas of our Website, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on our Website and any services provided on our Website or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on our Website, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

As an advertiser, you agree that such advertisements are subject to the Digital Millennium Copyright Act (DMCA) Notices section of these Terms and Conditions below, and you understand and agree there will be no refund or other compensation for advertisements removed in response to a DMCA takedown notice.

XVI. Website Management

We reserve the right, but not the obligation, to:

Monitor our Website for violations of these Terms and Conditions.
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities.
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
In our sole discretion and without limitation, notice, or liability, to remove from our Website or otherwise disable all files and Content that are excessive in size or are in any way burdensome to our system.
Otherwise manage our Website in a manner designed to protect our rights and property and to facilitate the proper functioning of our Website.

XVII. Digital Millennium Copyright Act (DMCA) Notices

The Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, requires that we respect the intellectual property rights of others. If you believe that any material available on or through our Website infringes upon any copyright you own or control, please immediately send a notice (“Notification”) to our Designated Copyright Agent using the contact information provided below.

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by our Website infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of the DMCA, 17 U.S.C. § 512(c)(3), by including substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe your own copyrighted material has been removed from our Website as a result of a mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to our Designated Copyright Agent using the contact information provided below.

To be an effective under the DMCA, 17 U.S.C. § 512(g)(3), your Counter Notification must include substantially the following:

A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

If you materially misrepresent that the disabled or removed Content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification also constitutes perjury.

You may contact our Designated Copyright Agent through postal mail or email:

Freedom Du Jour LLC
Attn: FDJ News Designated Copyright Agent
1309 Coffeen Ave STE 1200
Sheridan, WY 82801, USA

Email: Our email address is available here.

XVIII. Disclaimer

Our Website is provided on an as-is and as-available basis for general informational purposes and product sales. You agree that your use of our Website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with our Website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of our Website’s Content or the content of any websites linked to or from our Website, and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of Content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our Website, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party, and/or (6) any errors or omissions in any Content and materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via our Website. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Website, any linked website, or any website or mobile application featured in any banner or other advertisement, and we shall not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

A. No Professional Advice

Our Website cannot and does not contain legal, medical, fitness, health, or other professional advice. Any legal, medical, fitness, health, or other information on our Website is provided for general informational and educational purposes only and is not a substitute for professional advice.

Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal, medical, fitness, health, or other professional advice. The use or reliance of any information contained on our Website is solely at your own risk.

B. Affiliate Programs

Our Website may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links. Our affiliates include the following:

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn advertising fees by linking to Amazon’s website and affiliated websites.

C. Testimonials

Our Website may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. The experiences are personal to those particular users and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experience. Your individual results may vary.

The testimonials on our Website are submitted in various forms, such as text, audio and/or video, and are reviewed by us before being posted. They appear on our Website verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual users and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

The testimonials on our Website are not intended, nor should they be construed, as claims that our products can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.

XIX. Corrections

There may be information on our Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Website at any time without prior notice.

XX. Term and Termination

These Terms and Conditions shall remain in full force and effect while you use our Website. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our Website (including blocking certain internet protocol addresses), to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use or participation in our Website, delete your account (if applicable), and delete content or information that you post at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

XXI. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of our Website at any time and for any reason, at our sole discretion and without notice. We have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of our Website without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Website.

We cannot guarantee our Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Website, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Website at any time and for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Website during any downtime or discontinuance of our Website.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support our Website or to supply any corrections, updates, or releases in connection therewith.

XXII. Governing Law

These Terms and Conditions and your use of our Website are governed by and construed in accordance with the laws of the State of Wyoming applicable to agreements made and to be entirely performed within the State of Wyoming, without regard to its conflict of law principles.

XXIII. Dispute Resolution

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state court located in Sheridan County, Wyoming, and in federal court located in the United States District Court for the District of Wyoming, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (“UCITA”) are excluded from these Terms and Conditions. In no event shall either Party commence any claim, action, or proceeding relating in any way to our Website more than one (1) year after the cause of action arose.

XXIV. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of our Website, even if we have been advised of the possibility of such damages.

Notwithstanding anything contained herein to the contrary, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the twelve (12) month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

XXV. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of our Website; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of our Website with whom you connected with via our Website.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

XXVI. Electronic Communications, Transactions, and Signatures

Visiting our Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Website, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via our Website.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

XXVII. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

XXVIII. Miscellaneous

These Terms and Conditions and any policies or operating rules posted by us on our Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of our Website. You agree that these Terms and Conditions shall not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

XXIX. Contact Us

Freedom Du Jour LLC
Attn: FDJ News Terms and Conditions
1309 Coffeen Ave STE 1200
Sheridan, WY 82801, USA

Phone: +1 (631) 405-2688
Email: Our email address is available here.