FEMININE FIRE, INC. — WEBSITE TERMS AND CONDITIONS
Last Updated: August 20, 2026
PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE OR PLACING AN ORDER
These Terms contain disclaimers of warranties and limitations of liability (see Sections 10 and 11). These Terms form an essential basis of our agreement. Please print and retain a copy for your records.
Use of the websites operated by Feminine Fire, Inc. and all subdomains (the "Website"), which are owned and maintained by Feminine Fire, Inc. ("Feminine Fire," "we," "our," "us"), is governed by the policies, terms, and conditions set forth below. We offer the Website, including all information, tools, and services available from it, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, subscribing, or placing an order through the Website, you agree to these Terms. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner.
THIS IS A BINDING AGREEMENT. These Terms, together with our Privacy Policy and Refund Policy, form a legally binding agreement ("Agreement") between you ("you" or "Customer") and Feminine Fire, Inc. This Agreement governs your access to and use of the Website and the services provided by Feminine Fire, any order you place through the Website or other accepted method of purchase, and your use or attempted use of the products or services offered through the Website.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS that waive your right to a court hearing, right to a jury trial, and right to participate in a class action. Arbitration is mandatory and is the exclusive remedy for disputes unless specified in Section 12 or unless you opt out. Please carefully review the dispute resolution provisions in Section 12, which also describes your right to opt out.
Feminine Fire reserves the right to update and change these Terms and all documents incorporated by reference by posting updates to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version at https://go.femininefireofficial.com/ff-terms-conditions. Use of the Website after such changes constitutes acceptance of those changes.
TABLE OF CONTENTS
Website Use
Website User Conduct and Restrictions
Our Privacy Policy and Your Personal Information
Information You Provide; Registration; Passwords
Order Placement and Acceptance; Method of Payment
Subscriptions, Trials, and Automatic Renewal
Your Individual Results Will Vary
Testimonials, Reviews, and Submissions
No Medical Diagnosis or Treatment
Disclaimers of Warranties
Limitations of Liability
Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
Additional Remedies
Indemnification
Notice and Takedown Procedures; Copyright Agent
Third-Party Links
Termination
No Waiver
Governing Law and Venue
Force Majeure
Assignment
Electronic Signature
Changes to the Agreement
Your Additional Representations and Warranties
Severability
Entire Agreement
Contacting Us
SECTION 1 — WEBSITE USE
The Website is intended for adults only. In order to use the Website, you must be 18 years of age or the legal age of majority in your state, province, or country of primary residence, whichever is greater, and have the legal capacity to enter into a contract with us. The Website is not intended for children and no person under the age of 18 may use the Website. If you use the Website, you affirm that you are at least 18 years old or the legal age of majority in your jurisdiction (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 — WEBSITE USER CONDUCT AND RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text, logos, taglines, metatags, hashtags, photographic images, personal stories, icons, video and audio content, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever without our express written permission.
The Feminine Fire name and logo, and the names and logos of our programs, are proprietary marks of Feminine Fire, Inc., and use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, trade dress, trade secret, or confidential information owned by Feminine Fire. Notwithstanding the foregoing, you may print information about your purchases for your personal use only. Commercial use of such information is strictly prohibited.
Subject to your continued compliance with all Terms, Feminine Fire provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to access and use the Website and the programs you have purchased, for your personal, non-commercial use. You acknowledge and agree that:
The Website contains copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music, and sound, and the entire contents of the Website are copyrighted as a collective work under United States copyright laws;
Feminine Fire is the exclusive owner of the copyright and all other intellectual property rights in the Website;
Feminine Fire owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it;
Each third-party content provider owns the copyright in content original to it;
You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works from, or in any way exploit the content of the Website or any portion of it;
Except as expressly permitted under copyright law, you may not copy, redistribute, publish, display, or commercially exploit any material from the Website without our express written permission and, if applicable, that of the copyright owner; and
In the event of any permitted copying, redistribution, or publication of material from the Website, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.
You further acknowledge that you do not acquire any ownership rights by downloading or copying copyrighted material. All trademarks appearing on the Website are the exclusive property of their respective owners.
Sharing of program access is prohibited. Programs, memberships, and course materials are licensed to you individually. You may not share your login credentials, redistribute downloaded materials, screen-record or re-upload video content, or provide access to any other person.
You agree not to use or attempt to use the Website in any unlawful manner, including but not limited to: (1) hacking or other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
SECTION 3 — OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your personal information. Your submission of personal information through the Website is governed by our Privacy Policy, available at https://go.femininefireofficial.com/ff-privacy-policy-2026. Feminine Fire reserves the right to modify its Privacy Policy in its reasonable discretion from time to time. Our Privacy Policy is incorporated into this Agreement by reference.
SECTION 4 — INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND PASSWORDS
To access our programs, you will be required to create an account with Feminine Fire. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you use to access your account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Feminine Fire under your account. You agree to immediately notify Feminine Fire of any unauthorized use of your password or user name or any other breach of security related to your account. You agree that Feminine Fire is not liable, and you will hold Feminine Fire harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.
SECTION 5 — ORDER PLACEMENT AND ACCEPTANCE; METHOD OF PAYMENT
You agree that any products or services you purchase from us will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any product you order from the Website.
Our products and services are digital. Upon successful payment, you will receive access credentials or a delivery link by email, ordinarily within a few minutes of purchase. It is your responsibility to provide a valid email address and to check your spam or promotions folder. If you do not receive access, contact support@femininefireofficial.com.
Payment must be received before your enrollment or order is accepted, unless you are participating in a trial offer (see Section 6). We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order at any time after it has been placed. Your electronic order confirmation does not signify our acceptance of your order. To modify or cancel a pending order, contact us as soon as possible at support@femininefireofficial.com. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
We reserve the right to decline any order for any lawful reason. In the event we decline your order, your payment will be refunded to the payment method provided at checkout.
Feminine Fire does not accept orders from resellers or from customers who intend to resell our programs. If we discover that you are placing orders with the intent to resell, we will cancel your order, suspend or terminate your account, and, at our option, pursue any available legal remedies. To the extent your conduct may be fraudulent, such as attempting to purchase through the use of fake or stolen cards, Feminine Fire will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate.
We reserve the right to limit the sale of our products to any person, geographic region, or jurisdiction, at our sole discretion.
All advertised prices are in, and all payments shall be in, U.S. Dollars. You are responsible for any applicable taxes, duties, or currency conversion or foreign transaction fees imposed by your bank or card issuer.
SECTION 6 — SUBSCRIPTIONS, TRIALS, AND AUTOMATIC RENEWAL
[COUNSEL] This section is new and did not exist in the prior version. Auto-renewal disclosure and cancellation requirements are actively enforced at both the federal level and under a growing number of state statutes, several of which impose specific formatting, consent, and pre-renewal notice obligations. The language below is a reasonable starting point but the specific requirements applicable to Feminine Fire's subscriber base need to be confirmed. This is the highest-priority item in this document.
Recurring billing. Certain Feminine Fire offerings, including the Feminine Fire membership, are sold as subscriptions that renew automatically until cancelled. By enrolling, you authorize Feminine Fire and our payment processors to charge your payment method on a recurring basis at the interval and price disclosed at the time of purchase.
Trial offers. If you enroll through a trial offer, you authorize us to charge your payment method at the standard subscription rate at the end of the trial period unless you cancel before the trial ends. The length of the trial and the price that will apply afterward are disclosed at checkout.
Price changes. We may change subscription pricing. We will notify you by email in advance of any price change affecting your subscription, and the new price will apply only to billing periods beginning after that notice.
How to cancel. You may cancel your subscription at any time by emailing support@femininefireofficial.com or through the account or billing portal where available. Cancellation takes effect at the end of your current billing period. You will retain access through the end of the period you have paid for. We do not provide partial-period refunds except as required by law or as stated in our Refund Policy.
Failed payments. If a payment fails, we may retry the charge and may suspend access until payment is successfully processed.
Refunds. Refunds are governed by our Refund Policy, incorporated into this Agreement by reference and available at [INSERT REFUND POLICY URL].
[COUNSEL] The prior Terms incorporated a "Return/Exchange Policy" by reference. Confirm that a current, published Refund Policy exists and that its terms are consistent with what is advertised at checkout and on sales pages, including any satisfaction guarantee.
SECTION 7 — YOUR INDIVIDUAL RESULTS WILL VARY
YOUR INDIVIDUAL RESULTS WILL VARY.
Every person has a different body and history, and individual results will vary from member to member. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, INCLUDING YOUR HEALTH, GENETICS, DIET, HORMONAL STATUS, AND LEVEL OF PHYSICAL ACTIVITY. IF YOU ARE NOT SATISFIED WITH YOUR RESULTS, YOUR ONLY REMEDY IS PROVIDED IN OUR REFUND POLICY.
SECTION 8 — TESTIMONIALS, REVIEWS, AND SUBMISSIONS
Feminine Fire is pleased to hear from users and welcomes your comments regarding our programs. Feminine Fire may use testimonials and/or reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Feminine Fire's services or products, in printed and online media. Testimonials represent the unique experience of the customers submitting them, and do not necessarily reflect the experience you may have. As noted in Section 7 above, your results will vary.
You alone are responsible for any communication, message, or other content that you post, upload, submit, transmit, or share with Feminine Fire, including any data, questions, comments, or suggestions (collectively "User Communications"). By transmitting or posting any User Communications, you represent and warrant that they are your own original work and will not infringe or violate any copyright, trademark, trade secret, right of privacy, right of publicity, or other applicable law. Feminine Fire does not endorse or sponsor any User Communications submitted by you or other members.
You are prohibited from posting, uploading, submitting, sharing, or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Feminine Fire will cooperate with any law enforcement authorities or court order requesting or directing Feminine Fire to disclose the identity of anyone posting such material.
Ownership of Submissions. You retain ownership of anything you submit or post to the Website or provide to us, including photographs, testimonials, reviews, comments, and suggestions (collectively, "Submissions"). By providing a Submission, you grant Feminine Fire, Inc. a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and adapt that Submission in connection with our products, marketing, and communications. You may withdraw this license at any time by emailing support@femininefireofficial.com; we will stop using your Submission in new materials within a reasonable period, though we may not be able to recall materials already printed or distributed.
We treat Submissions as non-confidential. Please do not send us anything you wish to be kept confidential or for which you expect compensation, acknowledgment, or attribution.
Feminine Fire reserves the right to correct grammatical and typographical errors, to shorten testimonials prior to publication, and to review all testimonials prior to use. Feminine Fire is under no obligation to use any testimonial or review submitted. If you submit a testimonial, you confirm that you have read, understood, and agree to these Terms.
[COUNSEL] This section has been revised to grant a revocable license rather than transfer ownership, so that it is consistent with the Privacy Policy. Note that for testimonials actually published in advertising, a separate signed release is advisable; a terms-of-service clause is not generally treated as sufficient documented consent under FTC guidance.
SECTION 9 — NO MEDICAL DIAGNOSIS OR TREATMENT
FEMININE FIRE IS COMMITTED TO HELPING YOU IMPROVE YOUR FITNESS AND YOUR LIFESTYLE. YOU UNDERSTAND, HOWEVER, THAT OUR PRODUCTS, SERVICES, AND THE STATEMENTS ON THE WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD & DRUG ADMINISTRATION, AND OUR PRODUCTS, SERVICES, AND THE INFORMATION ON THE WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY HEALTH PROBLEM, ILLNESS, OR DISEASE. THE INFORMATION ON THE WEBSITE OR PROVIDED TO YOU IN EMAILS OR OTHER COMMUNICATIONS IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE.
OUR PROGRAMS ARE NOT A TREATMENT FOR ANY MEDICAL CONDITION AND ARE NOT A SUBSTITUTE FOR MEDICAL CARE. DECISIONS ABOUT MEDICAL TREATMENT SHOULD BE MADE WITH A QUALIFIED HEALTHCARE PROVIDER.
YOU FURTHER UNDERSTAND THAT OUR PRODUCTS AND SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER 18 YEARS OF AGE. YOU AGREE THAT YOU EITHER HAVE CONSULTED, OR WILL CONSULT, WITH A PHYSICIAN BEFORE USING ANY OF OUR PRODUCTS OR SERVICES, PARTICULARLY IF YOU ARE PREGNANT OR POSTPARTUM, ARE RECOVERING FROM SURGERY, OR SUFFER FROM ANY MEDICAL CONDITION INCLUDING BUT NOT LIMITED TO HEART DISEASE, HIGH BLOOD PRESSURE, JOINT OR BACK INJURY, PELVIC ORGAN PROLAPSE, BLOOD CIRCULATION PROBLEMS, OR BREATHING PROBLEMS. YOU AGREE THAT YOU WILL STOP IMMEDIATELY IF YOU EXPERIENCE PAIN, DIZZINESS, OR ANY OTHER ADVERSE EFFECT, AND WILL SEEK MEDICAL ATTENTION AS APPROPRIATE.
FEMININE FIRE ENDEAVORS TO PROVIDE ACCURATE INFORMATION ABOUT OUR PRODUCTS AND SERVICES. YOU UNDERSTAND THAT INFORMATION WE CONVEY REGARDING THE EFFICACY OF MOVEMENT OR EXERCISE IS DRAWN FROM INDEPENDENT THIRD PARTIES SUCH AS PUBLISHED RESEARCH AND SCIENTIFIC ENTITIES. FEMININE FIRE DOES NOT WARRANT THAT SUCH INFORMATION IS ERROR-FREE AND DOES NOT ENDORSE THE METHODS THOSE THIRD PARTIES USED TO REACH THEIR CONCLUSIONS. FEMININE FIRE DOES NOT WARRANT OR REPRESENT THAT YOUR RESULTS WILL MATCH THOSE OF OTHERS.
THE REPRESENTATIONS AND DISCLAIMERS DESCRIBED ABOVE ARE INAPPLICABLE WHERE PROHIBITED BY LAW.
SECTION 10 — DISCLAIMERS OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED; OR (F) THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 11 — LIMITATIONS OF LIABILITY
YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN ANY PROGRAM OF PHYSICAL EXERCISE.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE PARTICIPATING IN ANY FEMININE FIRE PROGRAM, YOU ACKNOWLEDGE THAT FEMININE FIRE (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) AND ANY INSTRUCTOR IS NOT RESPONSIBLE, EXCEPT WHERE THE INJURY WAS CAUSED BY GROSS NEGLIGENCE. YOU AGREE THAT NEITHER FEMININE FIRE NOR ANY INSTRUCTOR WILL BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLARED OR UNKNOWN MEDICAL CONDITIONS.
[COUNSEL] The prior version capped liability at three times the payments made in the preceding month. For a $27 product that is a very low cap and may be viewed as unconscionable; for a membership it may be workable. Confirm an appropriate and enforceable cap under Florida law, and confirm whether the prior New Jersey carve-outs should be retained or replaced with a general savings clause.
YOU AGREE THAT IN NO EVENT SHALL FEMININE FIRE'S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND EXCEED [COUNSEL — INSERT CAP]. YOU EXPRESSLY WAIVE ANY RIGHT TO INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FEES, COSTS, OR CLAIMS OF ANY KIND. THIS LIMITATION SHALL APPLY FOR ALL CLAIMS AND ALL THEORIES OF LIABILITY, REGARDLESS OF WHETHER FEMININE FIRE WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IN NO EVENT SHALL FEMININE FIRE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
SECTION 12 — DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
[COUNSEL] Venue has been moved from Alameda County, California to Hillsborough County, Florida throughout this section to match the company's actual location. Confirm the enforceability of the class action waiver, the one-year limitations period, and the confidentiality requirement, all of which have been subject to challenge. Also confirm whether mandatory arbitration is advisable at all for a business of this size and claim profile.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE MUST BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
a. General. "Claim" means any dispute between you, Feminine Fire, or any involved third party relating to your account, your use of the Website, your relationship with Feminine Fire, these Terms, the Privacy Policy, or the Refund Policy. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding arbitration. This provision is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1–16.
b. Exceptions. You and Feminine Fire both retain the right to pursue, in small claims court, any claim within that court's jurisdiction proceeding on an individual (non-class) basis. The following claims are not subject to arbitration and must be adjudicated only in the state or federal courts located in Hillsborough County, Florida: (i) any dispute relating to the infringement or validity of our proprietary rights, including trademarks, copyrights, trade secrets, or the intellectual property rights of a third party; or (ii) an action by Feminine Fire for injunctive or other provisional relief against you for breach or threatened breach of this Agreement.
c. Required Pre-Dispute Procedures. Before initiating any Claim, each party agrees to first contact the other with a written description of the dispute, including relevant documents and the proposed resolution. You may send your written description by U.S. Mail to Feminine Fire, Inc., 6421 N. Florida Ave. D-455, Tampa, Florida 33604, with a copy by email to support@femininefireofficial.com. Feminine Fire will contact you at the billing or email address you provided. If the dispute is not resolved within 60 days after receipt of the written dispute, the provisions below apply.
d. Commencing Arbitration. The parties agree to commence any arbitration proceeding within one year after the Claim arises. Any proceeding commenced after one year shall be barred.
e. Arbitration Location. If the amount in controversy is $500 or less, the arbitration may be conducted by telephone, videoconference, or written submissions. Otherwise, the arbitration shall be conducted in Hillsborough County, Florida, unless Feminine Fire agrees to another forum requested by you.
f. Organization, Rules, and the Arbitrator. Claims shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") under the AAA's Consumer Arbitration Rules in effect at the time of submission. The AAA's rules are available at www.adr.org. The arbitrator shall have sole authority to resolve any dispute relating to the interpretation, validity, applicability, or enforceability of these Terms and this arbitration provision, and to determine whether any dispute is arbitrable.
g. Fees. Payment of filing, administration, and arbitrator fees will be governed by the AAA's rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Otherwise, each party pays its own fees, costs, and expenses.
h. Governing Law and Award. The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall be final, subject to appeal under the FAA. Judgment on the award may be entered in any court of competent jurisdiction.
i. Enforceability. This provision survives termination of your account or relationship with Feminine Fire, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable, this entire arbitration provision shall be null and void. If any other portion is deemed unenforceable, the remaining portions shall remain in full force.
j. Miscellaneous. Failure or delay in enforcing this provision will not constitute a waiver of the right to require arbitration later. This provision may be modified only in writing by Feminine Fire.
k. Amendments. Feminine Fire reserves the right to amend this arbitration provision at any time. Should the changes be material, Feminine Fire will provide you notice and an opportunity to opt out.
YOUR RIGHT TO OPT OUT. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST PURCHASE OR USE A PRODUCT OR SERVICE, BY WRITING TO FEMININE FIRE, INC., 6421 N. FLORIDA AVE. D-455, TAMPA, FLORIDA 33604, WITH A COPY BY EMAIL TO SUPPORT@FEMININEFIREOFFICIAL.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING THE PRODUCT OR SERVICE YOU PURCHASED AND THE DATE OF PURCHASE. IF MORE THAN THIRTY DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT.
SECTION 13 — ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury, in the event of any breach or threatened breach by you of this Agreement, or any infringement or threatened infringement by you of the intellectual property of Feminine Fire or a third party, Feminine Fire shall be entitled to seek an injunction or other equitable relief restraining such breach or infringement. Nothing in this Agreement prohibits Feminine Fire from pursuing any other available remedies, including the recovery of monetary damages.
SECTION 14 — INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Feminine Fire, Inc. and its affiliates, and their respective directors, officers, employees, licensors, independent contractors, subcontractors, suppliers, and agents from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including attorneys' fees and costs of any litigation or other dispute resolution, arising out of or connected with (1) your use, misuse, or inability to use the Website; (2) information you submit or transmit through the Website; or (3) your breach of these Terms, the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 — NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe that materials available on any Feminine Fire website infringe a copyright you own, you or your agent may send Feminine Fire a notice requesting removal of the materials. If you believe someone has wrongly filed a notice of copyright infringement against you, you may send a counter-notice. Notices and counter-notices should be sent to Feminine Fire, Inc., 6421 N. Florida Ave. D-455, Tampa, Florida 33604, or by email to support@femininefireofficial.com.
[COUNSEL] DMCA safe harbor protection requires designating an agent with the U.S. Copyright Office and maintaining that registration. Confirm whether Feminine Fire has done so; if not, this section describes a procedure without the underlying protection.
SECTION 16 — THIRD-PARTY LINKS
The Website may contain links to other websites. Feminine Fire assumes no responsibility for the content or functionality of any non-Feminine Fire website to which we provide a link. Please see our Privacy Policy for more details.
SECTION 17 — TERMINATION
Feminine Fire reserves the right to terminate any member's membership and/or service for any lawful reason after providing email notice to the member.
This Agreement will take effect at the time you click "SUBMIT ORDER," "PAY NOW," "ORDER NOW," "SUBMIT," "BUY NOW," "PURCHASE," "I ACCEPT," "I AGREE," or similar links or buttons, otherwise submit information through the Website, complete a purchase, select a method of payment, enter payment information, or begin accessing or using the Website, whichever is earliest.
If, in our reasonable discretion, you fail to comply with any term of this Agreement, we may terminate this Agreement or suspend your access at any time, and you will remain liable for all amounts due up to and including the date of termination or suspension. You agree that Feminine Fire shall not be liable to you or any third party for the consequences of such termination or suspension. Upon termination, you must promptly cease all use of and destroy all copies of program materials in your possession.
Sections 9 through 15, 16, 18 through 22, and 24 through 26 shall survive the termination of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you.
SECTION 18 — NO WAIVER
No failure or delay by Feminine Fire in exercising any right, power, or remedy under this Agreement operates as a waiver, nor does any single or partial exercise of any right, power, or remedy preclude any other or further exercise of it. A waiver of any right or obligation under this Agreement is effective only if in writing and signed by Feminine Fire.
SECTION 19 — GOVERNING LAW AND VENUE
This Agreement and any dispute arising out of or related to it, your access or use of the Website, our Privacy Policy or Refund Policy, or any matter concerning Feminine Fire, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of the State of Florida, excluding its conflict of law provisions. To the extent any Claim is found to be excluded from the arbitration agreement in Section 12, the parties agree that such Claim shall be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and you irrevocably consent to the exclusive personal jurisdiction and venue of such courts.
SECTION 20 — FORCE MAJEURE
Feminine Fire will not be responsible for any delay, damage, or failure caused by a Force Majeure Event, meaning any act of God, act of nature, terrorism, insurrection, revolution, civil strife, war or hostile action, labor strike, act of a public enemy, federal or state law or regulation, inability to procure necessary materials or services, widespread outage of internet or hosting infrastructure, or any other cause beyond the reasonable control of Feminine Fire. Delays due to any of the above shall not be deemed a breach of this Agreement.
SECTION 21 — ASSIGNMENT
Feminine Fire may assign its rights under this Agreement at any time, without notice to you. Your rights under this Agreement cannot be assigned without Feminine Fire's express written consent.
SECTION 22 — ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with Feminine Fire through the Website or via other electronic media such as email, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, notices, disclosures, and agreements are equivalent to communications in writing and have the same force and effect as if signed by the sending party. You further agree that by clicking a button labeled "SUBMIT ORDER," "PAY NOW," "ORDER NOW," "SUBMIT," "BUY NOW," "PURCHASE," "I ACCEPT," "I AGREE," or similar, you are submitting a legally binding electronic signature and entering into a legally binding contract. Pursuant to the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") and similar laws, 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 THROUGH THE WEBSITE.
SECTION 23 — CHANGES TO THE AGREEMENT
You can review the most current version of these Terms at any time at https://go.femininefireofficial.com/ff-terms-conditions. We reserve the right, at our sole discretion, to update, change, or replace any part of this Agreement, including the Privacy Policy or Refund Policy, by posting updates to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes constitutes acceptance of those changes. Unless accepted by Feminine Fire in writing, these Terms may not be amended by you.
SECTION 24 — YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and understand its terms; and (3) that any products and services you purchase will be used for your personal, non-commercial use, and that you will not re-sell, re-distribute, or export any product you order. You further represent that Feminine Fire has the right to rely upon all information you provide, and that Feminine Fire may contact you by email, telephone, or postal mail regarding your orders, customer support, and account matters.
[COUNSEL] The prior version also authorized contact for satisfaction surveys and inquiries about orders the customer "considered placing." Marketing contact should be governed by opt-in consent under CAN-SPAM and, for non-US customers, GDPR, rather than by a blanket clause here. Confirm this narrower framing is adequate.
SECTION 25 — SEVERABILITY
If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected and shall continue in full force and effect, and such provision may be modified or severed to the extent necessary to make it enforceable and consistent with the remainder of the Agreement.
SECTION 26 — ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, the Refund Policy, and any policies or operating rules posted by us on the Website, constitute the entire agreement between you and Feminine Fire and govern your access to and use of the Website and your purchase and use of any service or product, superseding any prior or contemporaneous agreements, representations, or communications, whether oral or written. We may in the future offer new services or features through the Website, which shall also be subject to this Agreement. Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
SECTION 27 — CONTACTING US
We encourage our customers to contact us with questions or comments about our programs and services.
Feminine Fire, Inc. 6421 N. Florida Ave. D-455 Tampa, Florida 33604 support@femininefireofficial.com
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