Spark Network, LLC (Doing business as “Phire” and referred to as “Phire,” “we,” “us,” or “our”) owns and operates the website located at https://expiredbeans.com/ (the “Site”). Through the Site, we provide news stories. By browsing the public areas of the Site, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use. These Terms of Use may be updated by us from time to time without notice to you.

Use of personal data

You are welcome to browse the Site as a visitor without providing any information to us

Your use of the Site may involve the transmission to us of certain personally-identifiable information (the “Personal Data”). Our policies with respect to the collection and use of Personal Data are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

Intellectual property

The Site contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Phire (collectively referred to as the “Content”). The Content may be owned by us or by third parties, and is protected under both United States and foreign laws. The Content includes the trademarks, service marks, and logos of Phire used and displayed on the Site, which are registered and unregistered trademarks or service marks of Phire and/or its licensors.

Except as otherwise provided in this Agreement, you have no rights in or to the Content, and you must not:

Use the Content except as permitted under this Agreement; Use our trademarks except with our permission for each use; Remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content; Sell, transfer, assign, license, sublicense, or modify the Content or use the Content for any public or commercial purpose; Use or post the Content on any other website or in a networked computer environment

Disclaimer and limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PHIRE DOES NOT WARRANT THAT THE SITE OR THE SERVICE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PHIRE SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES.

IN NO EVENT SHALL PHIRE BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL PHIRE’S LIABILITY FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED, ONE HUNDRED DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS PHIRE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE SERVICE OR THE CONTENT IS TO STOP USING THIS SITE.

External sites

This Site or the Service may contain links to third-party websites (“External Sites”), but Phire does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Site, Content, or the Service; (iii) any User Generated Content provided through your account; and (iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

Compliance with applicable laws

The Site and Service are based in the United States, and are intended to be used only by residents of the United States that are age 13 years or older. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Termination.

We may terminate this Agreement and your access to all or any part of the Site or Service at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or Service at any time without prior notice or liability.

Copyright complaints

If you believe this Site contains any Content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

To contact our Copyright Agent by regular mail, please write to:

Copyright Agent

Spark Network, LLC

3112 Windsor Road, Suite A391

Austin, TX 78703

To contact our Copyright Agent by email, please write to [email protected], with COPYRIGHT NOTICE in the subject line.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, and the section entitled Disclaimer and Limitation of Liability shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of Texas. Except for proceedings commenced by Phire to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Texas. These Terms of Use contain the entire agreement of the parties concerning this Site, the Services, and the Content and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site.

Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted to [email protected]

Last updated: October 22, 2020