Terms and Conditions of Use for fyrbyrddesigns.com

Effective Date: January 9, 2026

Welcome to fyrbyrddesigns.com. These Terms and Conditions of Use govern Your access to and use of this Website.

For clarity, the capitalized terms used in these Terms and Conditions of Use are defined as follows:

“You” and “Your” refer to any user accessing or using fyrbyrddesigns.com, including visitors, subscribers, and customers.

“We”, “Us”, “Our”, and the “Website” refer to fyrbyrddesigns.com and its owners, operators, and authorized representatives.

“Terms and Conditions”, “Terms and Conditions of Use”, and “these Terms” refer to this policy.

By visiting, browsing, using products or services provided by this Website, or otherwise interacting with this Website, You confirm that You have read, understood, and agree to comply with these Terms and Conditions of Use. This includes agreeing to any disclaimers, privacy policies, and cookie policies associated with this Website, which are an integral part of these Terms and Conditions and are incorporated herein by reference.

What Are These Terms and Conditions of Use?

These Terms and Conditions of Use are a legally binding agreement between You and fyrbyrddesigns.com that sets out the rules for using this Website.

They tell You:
1. What You are allowed to do on the Website.
2. What You cannot do.
3. The rights and responsibilities of both You and Us.
4. The limitations of Our liability, including what We are not responsible for and how We manage potential risks.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST STOP USING THE WEBSITE IMMEDIATELY.

Intended Audience

This Website is intended for individuals who are 18 years of age or older. By accessing or using this Website, You confirm that You meet this age requirement.

Copyright Notice

All content on this Website, including, but not limited to, text, images, graphics, videos, trademarks, logos, brand identifiers, downloadable materials, and other media (the “Content”), is the property of fyrbyrddesigns.com or its licensors, unless otherwise specified, and is protected under applicable copyright laws, including international copyright treaties.

You may not use, reproduce, distribute, modify, or create derivative works from any Content on this Website without prior written permission from fyrbyrddesigns.com.

Some materials on this Website may belong to third parties and are used with permission. These materials remain the property of their respective owners and may be subject to additional terms provided by those owners.

All rights not expressly granted in these Terms and Conditions of Use are reserved by fyrbyrddesigns.com.

Permitted and Prohibited Use of This Website

Permitted Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access this Website and its Content for lawful purposes only. Your use of the Website must comply with these Terms and Conditions and all applicable laws and regulations.

Prohibited Use

You agree not to:
1. Reproduce, distribute, modify, display, publish, or publicly perform any part of the Website or its Content without prior written consent.
2. Create derivative works based on the Content or otherwise use the Content in a manner that competes with fyrbyrddesigns.com’s business.
3. Download, copy, or otherwise use Content for any unauthorized purposes, unless expressly permitted under these Terms.
4. Use automated tools, bots, scripts, or other data collection methods (including web scraping) to extract or harvest information from the Website.
5. Attempt to reverse engineer, decompile, disassemble, tamper with, or otherwise manipulate the Website's software, code, or functionality.
6. Attempt to gain unauthorized access to the Website, its servers, systems, or networks, or engage in any activity that compromises its security.
7. Upload, transmit, or distribute any viruses, malware, or other malicious code designed to harm, disrupt, or exploit the Website or its users.
8. Use the Website to engage in any unlawful activity, including violating intellectual property rights, privacy rights, or other rights of third parties.
9. Impersonate another person or entity or misrepresent your affiliation with any person or entity while using the Website.

Requesting Permission

If You wish to use any Content from this Website in ways not explicitly permitted under these Terms and Conditions, You must submit a written request for permission to contact@fyrbyrddesigns.com. Permission may be granted or denied at Our sole discretion, and additional terms may apply if permission is granted.

User-Generated Content

If You submit comments or other content to the Website (“User-Generated Content”):
1. You grant fyrbyrddesigns.com a non-exclusive, perpetual, royalty-free, worldwide license to use, reproduce, display, distribute, and create derivative works from Your submission in any medium or format, for any purpose. This includes the right to sublicense these rights to third parties.
2. You waive any moral rights or rights of attribution in connection with your submission, to the extent permitted by law.
3. You warrant that your submission:
● Does not infringe on the copyright, trademark, privacy, or other rights of any third party.
● Complies with all applicable laws and regulations.
● Does not contain any unlawful, harmful, defamatory, or otherwise objectionable material.

Fyrbyrddesigns.com reserves the right to remove or modify any User-Generated Content at its sole discretion, without notice, for any reason, including but not limited to violations of these Terms and Conditions of Use.

BY SUBMITTING CONTENT, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FYRBYRDDESIGNS.COM, ITS OWNERS, AND AGENTS FROM ANY CLAIMS, LIABILITIES, OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USER-GENERATED CONTENT.

If You believe that any User-Generated Content infringes your copyright, please send a notice to contact@fyrbyrddesigns.com with details of the infringement. We will review and remove infringing material as required by law.

Digital Product, Online Course, and Membership License Terms

By purchasing, downloading, or accessing any Digital Products and/or Online Courses provided on this website, including but not limited to eBooks, printables, digital document downloads, planners, templates, workbooks, presets, fonts, audio files, video tutorials, software, and Online Courses, including but not limited to pre-recorded classes, live webinars, and educational memberships (collectively, “Digital Products”), whether free or paid, You agree to comply with and be bound by these terms, which supplement the fyrbyrddesigns.com Terms and Conditions of Use.
In the event of any conflict between these terms and fyrbyrddesigns.com’s general Terms and Conditions of Use, this Section shall govern with respect to Digital Products.
In this Digital Product License Terms and Terms of Use Section:
● “License Terms” refers to this Digital Product License Terms Section.
● “We,” “Us,” “Our," and "the Website" refer to fyrbyrddesigns.com, its owners, operators, and authorized representatives.
● “You” and “Your” refer to any individual accessing or using the Website, including visitors, subscribers, or customers.
● “Online Courses” shall mean any pre-recorded classes, live webinars, and educational memberships offered by this website.
If You have any questions about these License Terms, please contact Us at contact@fyrbyrddesigns.com.

Digital Product Information and Availability

We strive to provide accurate and up-to-date information regarding Our Digital Products, including their benefits, features, and pricing. However, We do not guarantee that all product descriptions, images, pricing, availability, or other information will always be complete, error-free, or current.
We reserve the right to:
● Correct any errors, inaccuracies, or omissions in Digital Product descriptions or pricing at any time without prior notice.
● Modify, replace, or discontinue any Digital Product at Our sole discretion.
● Limit access to any Digital Product based on availability, technical limitations, or other business needs.
Your purchase or access to a Digital Product does not guarantee lifetime availability. If We discontinue a Digital Product, We are not obligated to provide refunds, replacements, or continued access, except as required by law.

Digital Product Updates and Support

Unless otherwise stated at the time of purchase, We are not obligated to provide updates, bug fixes, enhancements, or ongoing support for Digital Products. If an updated or revised version of a Digital Product is released, We may, at Our sole discretion, offer access to existing customers. However, unless explicitly stated at the time of purchase, You are not entitled to free or discounted access to future versions, updates, or modifications of the Digital Product.
Access to customer support for Digital Products is not guaranteed unless explicitly stated at the time of purchase. If support is offered, it may be limited in scope and duration.

Access and Use of Digital Products

Eligibility

To purchase or access Digital Products, You must:
● Be at least 18 years.
● Provide accurate and complete information at checkout, if applicable.
● Use a valid payment method if purchasing a paid Digital Product.
We reserve the right to refuse service, cancel purchases, or revoke access if We suspect that You have provided false information or violated these Terms and Conditions of Use.

License for Use

When You purchase or download a Digital Product, We grant You a limited, non-exclusive, non-transferable, revocable license to use the Digital Product for personal, non-commercial purposes only (the “License”).
This License is personal to You and may not be transferred, assigned, or shared with others, whether by sale, gift, operation of law, or otherwise, without explicit written permission from fyrbyrddesigns.com. Any unauthorized transfer or attempt to transfer any rights under this License will be considered void and a violation of these License Terms.
We retain all rights, title, and interest in the Digital Product, and this License does not transfer ownership to You.

Access to Digital Products other than Online Courses and Memberships

For Digital Products other than Online Courses and memberships, Your purchase grants You access to the Digital Product indefinitely from the date of purchase. However, We reserve the right to modify, discontinue, or remove access to any Digital Product at Our discretion if necessary due to business operations, legal requirements, or technological limitations. In such cases, We will make reasonable efforts to notify You in advance.

Access to Online Courses

For online courses delivered via a third-party platform, Discord, Your access will be governed by both these License Terms and the access rules of the platform provider. We may provide login credentials, access links, or dashboard access, and reserve the right to revoke or modify access at any time for violations of these Terms.

Access to Memberships

If You purchase a membership, You will receive recurring access to designated content, resources, or community features for the duration of Your active subscription. Membership access is contingent upon timely payment and compliance with these Terms.
We may deliver membership content through a dedicated platform, member portal, email delivery, or other formats, as specified at the time of purchase. Membership offerings may include live events, pre-recorded materials, templates, or downloadable resources. Access to certain materials may be time-sensitive or available only during the subscription term. We reserve the right to update, modify, or discontinue specific content, features, or delivery methods within the membership at Our discretion. Access to content may vary based on membership tier or duration.
Continued access to membership materials requires an active subscription. If Your subscription lapses or is terminated, Your access to membership content and community features will be revoked.

User-Generated Content

If You submit assignments, discussion posts, videos, or other content as part of an Online Course or membership, You grant fyrbyrddesigns.com a limited, non-exclusive license to use, display, and reproduce such content for educational and promotional purposes related to the course. We reserve the right to remove any content that violates these Terms or disrupts the learning environment.

Community Guidelines

If Your purchase includes access to a private community, forum, or discussion space—whether hosted on Our platform or through a third-party provider—You agree to engage respectfully, lawfully, and in alignment with the purpose of the space. By participating, You agree to the following rules of conduct:
● This server is a safe space. Treat everyone with respect. You may not post or share any content that is defamatory, threatening, abusive, discriminatory, harassing, obscene, pornographic, or otherwise unlawful. You may not promote or endorse hate speech, violence, or misinformation.
● No spam, self-promotion, or solicitation (including but not limited to server invites, advertisements, recruitment or poaching of other users for personal, commercial, or competitive gain, DMing fellow members, etc) without permission from fyrbyrddesigns.com;
● You may not disclose, publish, or misuse confidential, proprietary, or personal information belonging to others;
● You may not impersonate any person or entity, or misrepresent Your affiliation with a person or entity;
● You may not upload or share any files or content that contain viruses, malware, or otherwise compromise the security or functionality of the server.
● If you see something against the rules or something that makes you feel unsafe, let fyrbyrddesigns.com know.
We reserve the right to monitor, moderate, and remove any content that violates these guidelines or disrupts the community environment. We may suspend or permanently revoke Your community access at Our sole discretion, without prior notice or refund. Community access is provided as a privilege and may be modified, suspended, or discontinued by Us at any time, regardless of Your continued access to any course or membership content.

Live Course Sessions and Event Participation

If a Digital Product includes live components (e.g., webinars, coaching calls, or group discussions), You are responsible for attending at the scheduled times. We are not obligated to reschedule or offer replays unless explicitly stated at the time of purchase.
If live sessions are recorded and made available afterward, access may be limited by time or restricted based on the terms outlined at purchase. You may not record, reproduce, or redistribute live sessions in any format.

Prohibited Uses

Under the License Terms, You may not:
● Share, resell, sublicense, distribute, or redistribute the Digital Product in any format, whether for free or for sale.
● Copy, reproduce, repurpose, or modify the Digital Product to create derivative works.
● Reverse engineer, decompile, disassemble, or attempt to access the source code of any Digital Product.
● Use the Digital Product for any commercial purpose without explicit, prior written permission, including but not limited to:
○ Selling, licensing, or offering the Digital Product as part of a paid or unpaid service.
○ Incorporating the Digital Product into workshops, courses, trainings, memberships, coaching programs, school curricula, or educational programs.
○ Using the Digital Product in client work or as part of business services.
● Upload, share, or otherwise make the Digital Product available on any platform, website, cloud storage, or file-sharing service, whether for personal or public use, without explicit, prior written permission.
● Claim ownership of the Digital Product, falsely represent authorship, or mislead others about its source.
● Remove, alter, or obscure any copyright notices, watermarks, trademarks, or other proprietary designations from the Digital Product.
● Circumvent, disable, or attempt to bypass any access restrictions, copy protections, or digital rights management mechanisms associated with the Digital Product.
● Use the Digital Product in any way that violates applicable laws, regulations, or the rights of third parties, including intellectual property laws.
● Use automated tools, AI-driven programs, or machine-learning technologies to extract, analyze, modify, or repurpose the Digital Product for any purpose, including but not limited to training AI models, generating derivative content, or distributing the materials through automated means.

Violation of these restrictions may result in immediate termination of access to the Digital Product without refund. Fyrbyrddesigns.com reserves the right to pursue legal action for any unauthorized use or distribution.

Customer Responsibilities

Accurate and Timely Information

To ensure proper access to the Digital Product, You are responsible for:
● Providing accurate, complete, and up-to-date registration and payment information at the time of purchase; and
● Providing any additional information necessary for the successful delivery of Digital Products, if requested.

Consequences of Incomplete or Inaccurate Information

You are responsible for providing complete and accurate information. Fyrbyrddesigns.com is not liable for any delays, errors, or issues that result from missing or incorrect details You provide.

Account Security

If access to Digital Products requires account creation, You are solely responsible for maintaining the confidentiality of Your account credentials. You must take reasonable steps to prevent unauthorized access and notify Us immediately if You suspect a security breach. We are not responsible for any unauthorized access to Your account or Digital Products resulting from Your failure to safeguard login credentials.

Payments

Pricing

All prices are listed in USD, unless stated otherwise. We reserve the right to update prices at Our discretion without prior notice. Any price changes will apply to future purchases and will not affect past transactions.

Payment

Payment must be made through the approved payment methods provided on the Website. All payments must be made in full unless a payment plan option is explicitly offered at checkout. By completing a purchase, You confirm that You are authorized to use the selected payment method and agree to pay the total amount, including any applicable taxes or fees.
Digital product payments may be subject to sales tax, VAT, GST, or other applicable taxes, which may be collected at checkout depending on Your location and the requirements of Our payment processor. Where taxes are not automatically collected, You are responsible for determining and fulfilling any tax obligations related to Your purchase.

Third-Party Payment Processors

We use third-party payment processors, including Stripe, to process transactions for Digital Products. By making a purchase, You acknowledge and agree that:
● Your payment will be processed through Our third-party payment processors, and We do not collect, store, or have access to Your full payment details.
● Transactions are subject to the third-party payment processor’s terms, policies, and security measures.
● Any disputes related to payment processing, including but not limited to failed transactions, unauthorized charges, chargebacks, or fraud claims, must be addressed directly with the third-party payment processor. We are not responsible for resolving such issues.
For more information about how Your payment transactions for Our Digital Products are handled, please review the Terms and Conditions and Privacy Policies of Our third-party payment processors.

Subscription-Based Digital Products and Memberships

If You purchase a subscription-based Digital Product or membership, Your subscription will automatically renew at the end of the applicable billing cycle unless You cancel before the renewal date.
By purchasing a subscription, You agree to:
● Authorize recurring payments using Your selected payment method.
● Cancel Your subscription before the renewal date to avoid being charged for the next billing period.
● Forfeit any prorated refunds for unused portions of the subscription unless required by law.
You can manage or cancel Your subscription through the customer portal or by contacting Us at contact@fyrbyrddesigns.com.

Refund Policy

Refunds for Downloadable Content

Due to the nature of digital products, all sales of downloadable content (e.g., e-books, templates, and guides) (the “Downloadable Content”) are final and non-refundable. Downloadable Content is considered delivered and consumed once the purchase is complete because access is granted immediately. It cannot be returned or exchanged regardless of whether You access or download the content.
If You encounter technical difficulties accessing Your Downloadable Content, please contact us at contact@fyrbyrddesigns.com for assistance.

While all Downloadable Content sales are generally final, We reserve the right to issue refunds in Our sole discretion in exceptional or extraordinary circumstances. Granting a refund in one instance does not obligate Us to offer refunds in the future, even under similar circumstances.

Refunds for Online Courses

Due to the nature of Online Courses, all sales are final and non-refundable. Online Courses are considered delivered and consumed once the purchase is complete, and they cannot be returned or exchanged.

While all sales are generally final, We reserve the right to issue refunds in Our sole discretion in exceptional or extraordinary circumstances. Granting a refund in one instance does not obligate Us to offer refunds in the future, even under similar circumstances.

If You encounter technical difficulties accessing Your Course, please contact us at contact@fyrbyrddesigns.com.

Refunds for Subscriptions and Memberships

Subscriptions and/or memberships (e.g., monthly access to exclusive content, courses, or groups) (the “Subscription” or “Subscriptions”) are subject to the refund terms outlined below.

Monthly Subscriptions

Payments for monthly subscriptions are non-refundable. If You cancel Your Subscription, You will retain access to the membership portal and its benefits through the last day of Your current billing period. No refunds or prorated amounts will be issued for unused portions of the Subscription. To cancel, please submit a cancellation request through the customer portal.

Intellectual Property Rights

Ownership of Intellectual Property

All Digital Products, including, but not limited to, eBooks, printables, graphics, or software, are the intellectual property of fyrbyrddesigns.com. All rights are reserved. By purchasing or downloading Digital Products, You are granted a revocable, limited, non-exclusive License for personal use only, as described in these License Terms, and no ownership rights are transferred to You.

Disclaimers for Digital Products

Informational Purposes Only

The Digital Products are provided for general informational and educational purposes only. They do not constitute professional advice and should not be relied upon as a substitute for guidance from a qualified professional. Your use of the Digital Products does not establish a professional-client relationship between You and fyrbyrddesigns.com. Results from participation in Online Courses will vary by individual. We make no guarantees of specific outcomes or results. Your success depends on Your own actions, implementation, and circumstances beyond Our control.
The information contained within the Digital Products reflects the knowledge, experience, and opinions of the creators at the time of publication. While We strive to provide accurate and up-to-date content, We do not guarantee that the information is complete, applicable, or appropriate for Your specific situation. You are solely responsible for evaluating the accuracy and usefulness of the content before relying on it.
The Digital Products are not a substitute for professional legal or financial advice. You should consult with a qualified professional before making any decisions related to business strategy, financial planning, legal compliance. Fyrbyrddesigns.com is not responsible for any consequences resulting from reliance on the Digital Products without seeking appropriate professional guidance. Please see Our full Disclaimer Policy here which is incorporated herein by reference.

NO GUARANTEES OR WARRANTIES

FYRBYRDDESIGNS.COM MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES REGARDING THE EFFECTIVENESS, OUTCOMES, OR RESULTS THAT MAY BE ACHIEVED THROUGH THE USE OF THE DIGITAL PRODUCTS. YOUR RESULTS DEPEND ON INDIVIDUAL FACTORS, INCLUDING BUT NOT LIMITED TO YOUR SKILL, EFFORT, AND PERSONAL CIRCUMSTANCES, WHICH ARE BEYOND OUR CONTROL. THE DIGITAL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, FYRBYRDDESIGNS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO:
● YOUR USE OF OR INABILITY TO USE THE DIGITAL PRODUCTS.
● ANY TECHNICAL ISSUES, INCOMPATIBILITY, OR ERRORS RELATED TO THE DIGITAL PRODUCTS.
● YOUR RELIANCE ON ANY INFORMATION PROVIDED WITHIN THE DIGITAL PRODUCTS.
● UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR DATA. IN JURISDICTIONS WHERE LIMITATIONS OF LIABILITY ARE NOT FULLY ENFORCEABLE, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

MAXIMUM LIABILITY CAP:

IN ANY CASE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO YOUR PURCHASE OR USE OF A DIGITAL PRODUCT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THAT DIGITAL PRODUCT.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FYRBYRDDESIGNS.COM AND ITS OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO YOUR USE OF THE DIGITAL PRODUCTS, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
ANY GENERAL INDEMNIFICATION PROVISION CONTAINED ELSEWHERE IN THE FYRBYRDDESIGNS.COM TERMS AND CONDITIONS OF USE IS INCORPORATED HEREIN AS THOUGH FULLY SET FORTH IN THIS SECTION.

Termination of Access

We reserve the right to terminate or restrict Your access to the Digital Products at Our sole discretion if You breach these License Terms, the fyrbyrddesigns.com Terms and Conditions of Use, or engage in unauthorized or unlawful activities.
If You violate these License Terms, Your access to the Digital Product may be immediately revoked without prior notice. You will not be entitled to a refund or reimbursement if access is revoked due to a violation of these License Terms. Upon revocation, You are required to cease all use of the Digital Product and delete any copies in Your possession. Continued use or distribution of the Digital Product after revocation may result in legal action.
Access to individual features such as community spaces, live events, or future course modules may be revoked independently from Your general license if You violate specific terms applicable to those features.
We also reserve the right to discontinue or modify any Digital Product at any time. If a Digital Product is discontinued and You have a valid ongoing License, We will provide reasonable notice where feasible.

Technology and Compatibility Requirements

You are responsible for ensuring that You have the necessary technology, software, and internet connection to access and use the Digital Products. We are not responsible for compatibility issues, technical difficulties, or any inability to access the Digital Products due to Your hardware, software, or internet provider limitations.
While We strive to keep Our Digital Products accessible and up to date, We do not guarantee that they will remain compatible with future updates to Your operating system, browser, or device. It is Your responsibility to maintain a functional environment for their use.

Third-Party Tools or Platforms

If the Digital Products are delivered through a third-party platform or service, Discord, You acknowledge that Your use of such platform or service is subject to its terms and conditions, which can be found here.
Fyrbyrddesigns.com is not responsible for:
● The availability, performance, or security of third-party platforms.
● Any disruptions, errors, or service failures caused by a third-party provider.
● Data breaches, loss of access, or unauthorized use related to third-party platforms.
If a third-party platform discontinues service or changes its policies in a way that affects Your access to a Digital Product, We are not obligated to provide a replacement, refund, or alternative means of access.

Force Majeure

Fyrbyrddesigns.com shall not be liable for any failure or delay in fulfilling its obligations related to Digital Products due to causes beyond its reasonable control, including but not limited to natural disasters, government actions, pandemics, cyberattacks, service provider failures, or other events of force majeure.
If a force majeure event substantially affects the availability of a Digital Product, We will make reasonable efforts to restore access as soon as practicable, but We are not obligated to provide refunds or an alternative means of access unless required by law.

Compliance with Local Laws

You are responsible for ensuring that Your use of the Digital Products complies with all applicable laws, regulations, and restrictions in Your jurisdiction.
We do not guarantee that Digital Products are appropriate or available for use in all locations. If accessing or using the Digital Products is prohibited in Your region, You do so at Your own risk and are solely responsible for compliance with local laws.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD FYRBYRDDESIGNS.COM, ITS OWNERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) RESULTING FROM:
1. YOUR ACCESS TO OR USE OF THIS WEBSITE OR ITS CONTENT;
2. YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE OR APPLICABLE LAWS OR REGULATIONS;
3. YOUR ACTIONS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO INTERACTIONS, TRANSACTIONS, OR DISPUTES WITH OTHER USERS OR THIRD PARTIES;
4. CONTENT YOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO CLAIMS OF INFRINGEMENT, MISREPRESENTATION, DEFAMATION, OR VIOLATION OF PRIVACY OR PUBLICITY RIGHTS; AND
5. ANY OTHER ACTS, OMISSIONS, OR CIRCUMSTANCES ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY ASSOCIATED SERVICES OR PRODUCTS.

WE RESERVE THE RIGHT TO:
1. ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH CASE YOU AGREE TO FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES; AND
2. RECOVER FROM YOU ANY COSTS OR EXPENSES INCURRED IN DEFENDING SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES, TO THE EXTENT PERMITTED BY LAW.

THIS INDEMNIFICATION OBLIGATION DOES NOT APPLY TO CLAIMS RESULTING FROM OUR OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUDULENT ACTIVITIES. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE YOUR USE OF THIS WEBSITE, TERMINATION OF THESE TERMS AND CONDITIONS OF USE, AND ANY OTHER AGREEMENTS BETWEEN YOU AND US.

LIMITATION OF LIABILITY

GENERAL LIMITATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FYRBYRDDESIGNS.COM, ITS OWNERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCURRED BY YOU OR ANY THIRD PARTY. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL; RELIANCE ON ANY CONTENT PUBLISHED OR PROVIDED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO GUIDES, RECOMMENDATIONS, USER-GENERATED CONTENT, OR THIRD-PARTY LINKS; INABILITY TO ACCESS OR USE THE WEBSITE OR ITS RESOURCES; ERRORS, OMISSIONS, OR INACCURACIES IN THE WEBSITE’S CONTENT, INCLUDING CONTENT CREATED, SUPPLEMENTED, OR ASSISTED BY AUTOMATED TOOLS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR ACTIONS OR OMISSIONS OF THIRD PARTIES, INCLUDING RELIANCE ON INFORMATION PROVIDED BY OTHER USERS OR SPONSORED ENTITIES.

FORCE MAJEURE

FYRBYRDDESIGNS.COM SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NATURAL DISASTERS, GOVERNMENT ACTIONS, LABOR DISPUTES, TECHNICAL FAILURES, CYBERATTACKS, OR DISRUPTIONS IN TELECOMMUNICATIONS, INTERNET SERVICES, OR UTILITY SERVICES.

MAXIMUM LIABILITY

IN ANY CASE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF FYRBYRDDESIGNS.COM SHALL NOT EXCEED THE GREATER OF:
(A) $25; OR
(B) THE TOTAL AMOUNT YOU PAID TO US, IF ANY, FOR PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

NO WARRANTIES

THIS WEBSITE, ALONG WITH ALL CONTENT, PRODUCTS, SERVICES, GUIDES, AND RESOURCES PROVIDED OR LINKED HEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FYRBYRDDESIGNS.COM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR SUITABILITY FOR YOUR SPECIFIC NEEDS.

NO GUARANTEES

WE DO NOT GUARANTEE OR WARRANT THAT FYRBYRDDESIGNS.COM WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR FREE FROM HARMFUL COMPONENTS SUCH AS VIRUSES, MALWARE, OR OTHER TECHNOLOGICAL ISSUES. WE ALSO DO NOT GUARANTEE THAT DEFECTS IN CONTENT, LINKS, OR FUNCTIONALITY WILL BE IDENTIFIED OR CORRECTED. ADDITIONALLY, WE MAKE NO GUARANTEES THAT THE CONTENT, PRODUCTS, OR SERVICES PROVIDED OR LINKED HEREIN WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

ACCESS TO FYRBYRDDESIGNS.COM MAY BE LIMITED OR UNAVAILABLE DUE TO MAINTENANCE, UPDATES, TECHNICAL ISSUES, OR OTHER UNFORESEEN CIRCUMSTANCES. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY INTERRUPTIONS, DELAYS, OR DISRUPTIONS IN ACCESS TO THE WEBSITE, OR FOR ANY LOSS OR DAMAGE RESULTING FROM SUCH INTERRUPTIONS.

ACCURACY AND TIMELINESS

WHILE WE STRIVE TO PROVIDE RELIABLE AND HELPFUL INFORMATION, WE MAKE NO GUARANTEES OR REPRESENTATIONS REGARDING THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE CONTENT PUBLISHED ON FYRBYRDDESIGNS.COM. THIS INCLUDES THIRD-PARTY LINKS, REFERENCES, OR RESOURCES INCLUDED ON THIS WEBSITE. ALL CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE ARE UNDER NO OBLIGATION TO UPDATE, MODIFY, OR REMOVE INFORMATION TO REFLECT NEW DEVELOPMENTS OR CHANGES.

USER RESPONSIBILITY

YOUR USE OF FYRBYRDDESIGNS.COM, INCLUDING ANY RELIANCE ON ITS CONTENT OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES LINKED TO OR REFERENCED HERE, IS ENTIRELY AT YOUR OWN RISK. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND RELEVANCE OF INFORMATION PRESENTED ON THE WEBSITE BEFORE MAKING ANY DECISIONS; CONDUCT YOUR OWN RESEARCH AND DUE DILIGENCE BEFORE ACTING ON ANY INFORMATION PROVIDED, INCLUDING INFORMATION SHARED THROUGH SPONSORED LINKS OR EXTERNAL REFERENCES; AND CONSULT WITH QUALIFIED PROFESSIONALS FOR SPECIALIZED ADVICE WHEN NECESSARY.

Privacy

Your use of this Website is governed by our Privacy Policy, which outlines how we collect, process, use, and protect your personal information, and details how we use cookies. By using this Website, you consent to the practices described in our Privacy Policy. For more information, please refer to our Privacy Policy.

External Links and Third-Party Content

This Website may include links to third-party websites or resources for Your convenience and informational purposes. Fyrbyrddesigns.com does not endorse, monitor, or have control over the content, products, services, or practices of these third-party websites or resources.

Acknowledgment of Risks

You acknowledge and agree that fyrbyrddesigns.com is not responsible for:
1. The accuracy, legality, reliability, or appropriateness of the content on third-party websites;
2. Any risks associated with accessing or interacting with third-party websites, including but not limited to security vulnerabilities, viruses, malware, or data breaches; and
3. The privacy practices, terms, or conditions of third-party websites, which may differ from those of this Website.

NO LIABILITY FOR THIRD-PARTY CONTENT OR WEBSITES FYRBYRDDESIGNS.COM DISCLAIMS ANY LIABILITY FOR DAMAGES, LOSSES, OR ISSUES ARISING FROM:
1. YOUR USE OF OR RELIANCE ON CONTENT, PRODUCTS, OR SERVICES PROVIDED BY THIRD-PARTY WEBSITES; OR
2. TRANSACTIONS OR COMMUNICATIONS BETWEEN YOU AND THIRD-PARTY WEBSITES.

Severability

If any provision of these Terms and Conditions of Use is found to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall not be affected and will remain valid and enforceable to the fullest extent permitted by law. The invalid, illegal, or unenforceable provision will be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its intent.

No Waiver

Our failure to enforce any provision of these Terms and Conditions of Use or respond to a breach by a user shall not constitute a waiver of our rights. An express waiver of any specific provision or right shall not constitute a waiver of any other provisions or rights under these Terms and Conditions of Use, nor shall it constitute a continuing waiver of the provision or right waived unless expressly stated in writing. Any waiver will only be effective if made in writing and signed by an authorized representative of this Website.

Governing Law

These Terms and Conditions of Use and any dispute between You and the Website are governed by and construed in accordance with the laws of the State of Indiana without regard to its conflict of laws principles.

Limitation on Time to Initiate Dispute Resolution

To the maximum extent permitted by applicable law, You agree that any claim or cause of action, whether known or unknown, that You may have against the Website arising out of or related to these Terms and Conditions of Use, the Website, or any products or services provided herein must be formally initiated pursuant to the Dispute Resolution provisions by sending a written Notice of Dispute within one (1) year after such claim or cause of action accrues. If You do not initiate dispute resolution within this time, Your claim will be permanently barred.

Dispute Resolution

Informal Negotiations

If a dispute, claim, or controversy arises between You and fyrbyrddesigns.com related to these Terms and Conditions of Use, the Website, or any products or services provided through the Website (“Dispute”), You and fyrbyrddesigns.com agree to first attempt to resolve the Dispute informally.
1. The party initiating the Dispute must provide written notice to the other party, detailing the nature of the Dispute and the relief sought (“Notice of Dispute”). The Notice of Dispute must be sent to contact@fyrbyrddesigns.com. The Notice of Dispute must include: a description of the issue in Dispute; any relevant facts; and the relief or remedy sought.
2. You and fyrbyrddesigns.com agree to engage in good-faith negotiations to resolve the Dispute within thirty (30) days from the date the Notice of Dispute is received.
3. If the Dispute cannot be resolved informally within this timeframe, the parties may proceed as detailed below.

Mediation

If the Parties are unable to resolve the Dispute through good-faith negotiations within 14 days of the Notice of Dispute (the “Negotiation Period”), they agree to participate in mediation.
1. The mediation shall take place in the State of Indiana within 30 days of the end of the Negotiation Period, unless the Parties mutually agree in writing to an alternative timeline or location.
2. The mediation shall be conducted by a neutral mediator mutually agreed upon by the Parties. If the Parties cannot agree on a mediator, a mediator shall be appointed by the American Arbitration Association (AAA).
3. Each Party shall bear its own costs of mediation, while the mediator’s fees shall be shared equally unless otherwise agreed in writing.
4. The mediation shall be confidential, and all statements, admissions, or communications made during the mediation may not be used as evidence in any subsequent proceeding, except as required by law.
5. The Parties may mutually agree in writing to waive mediation and proceed directly to litigation or arbitration as specified below.

Litigation

If informal negotiations and/or mediation fail to resolve the Dispute, either Party may file a claim in the courts located in the State of Indiana, which shall have exclusive jurisdiction over the Dispute.

Costs of Litigation

To the extent permitted by law, You agree to bear all costs and expenses arising out of litigation, including but not limited to attorneys’ fees, court fees, and other related expenses. This includes reimbursing fyrbyrddesigns.com for any costs, fees, or expenses it incurs in connection with the litigation, including its attorneys’ fees and related expenses. If this clause is deemed unenforceable, the prevailing party in any dispute shall recover its reasonable attorneys’ fees and costs.

Class Action Waiver

To the maximum extent permitted by applicable law, You agree that any dispute between You and fyrbyrddesigns.com shall be resolved on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action. You expressly waive any right to participate in class actions, class arbitrations, or other representative proceedings against fyrbyrddesigns.com.

Changes to the Terms and Conditions of Use

We reserve the right to modify, update, or revise these Terms and Conditions of Use at any time, at Our sole discretion. Any changes will take effect immediately upon posting the updated Terms and Conditions on the Website, unless otherwise specified. The “Effective Date” of the revised Terms and Conditions will be indicated at the top of the document.

It is Your responsibility to review these Terms and Conditions of Use periodically for any updates. Your continued use of the Website after the updated Terms and Conditions of Use are posted constitutes Your acceptance of the changes.

If You do not agree to the updated Terms and Conditions, You must stop using the Website immediately.

Governing Language

These Terms and Conditions of Use are drafted in English. If these Terms and Conditions of Use are translated into other languages, the English version shall prevail in the event of any inconsistencies or discrepancies between the translations.

Contact Information

If you have any questions or concerns about these Terms and Conditions of Use, you can contact Us at: contact@fyrbyrddesigns.com.