Last Updated: January 14, 2022
This Site may include or be used in connection with Third Party Applications (as defined in Section 13 below). Your access to or use of such Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement and that are made available by the providers of such Third Party Applications.
1. Acceptance of Terms. By using this Site, you agree to all terms of this Agreement and to any additional rules and guidelines FOR3ST HILLS posts on this Site. FOR3ST HILLS may make changes to this Agreement at any time, and we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the "Last Updated" legend above. Your use of this Site following changes to this Agreement will constitute your acceptance of those changes. FOR3ST HILLS may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.
2. Jurisdiction. This site is controlled and operated from the United States and is not intended to be subject to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. This Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit this Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
4. Rules of Conduct. In using this Site you agree to obey the law, respect the rights of others and avoid inappropriate behavior. In addition, you agree to comply with the following:
You will not post, transmit or otherwise make available, through or in connection with this Site:
a) Anything that is or may be threatening, harassing, degrading, defamatory, hateful or intimidating, fraudulent, obscene, indecent or pornographic, protected by copyright, trademark, trade secret, right of publicity or other proprietary right without express written prior consent of the owner of such right.
b) Any criminal material or anything that encourages conduct that may constitute a criminal offense; or that encourages or provides instructional information about illegal or dangerous activities.
c) Any virus, malware, computer code, file, or program that is harmful or invasive or may be intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
d) Any unsolicited or unauthorized advertisements or promotional materials, spam, scams, schemes or any other form of solicitation.
e) Any non-public information or materials about a company or individual without the proper authorization to do so.
f) Any content posted by FOR3ST HILLS or on this Site that is intended to be private or accessible only to specific persons such as subscribed members or those who have purchased access to such content, including but not limited to any content contained within the Guest List, Rebel Community, Rebel Army, Rebel Classified and Rebel Underground subscription tiers.
You agree you will not use this Site for any fraudulent, illegal or unlawful purpose. You will not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to this Site. You will not create a database by downloading and storing all or any Site content.
You agree and understand that FOR3ST HILLS may terminate your use of this Site for any conduct FOR3ST HILLS considers inappropriate, or for your breach of this Agreement.
5. Registration. You may need to register to use certain parts of this Site. FOR3ST HILLS may reject or require that you change any username, password or other information provided to us during registration. Your username and password are for your personal use only and should not be shared. You understand you are solely responsible for any use of your username and password and you agree to promptly notify FOR3ST HILLS of any breach of confidentiality or unauthorized use of your username and password, or your Site account. You understand FOR3ST HILLS may cancel your registration or membership at any time, for any reason, and reset your password or other login credentials.
6. Disclaimers. It is possible that Site visitors will post information or materials on this Site that are incorrect, misleading or that otherwise violate this Agreement. FOR3ST HILLS does not endorse and is not responsible for any information or materials made available through the Site for your use of such information or materials. All information submitted through this Site will be deemed to be non-confidential and may be used by FOR3ST HILLS without any confidentiality or other non-disclosure obligations and without attribution to you or any third party.
7. Acknowledgement. You hereby acknowledge and agree that you have received valuable and adequate consideration in exchange for the rights granted by you hereunder in and to any submission or information that you post, including, without limitation, the ability to participate in activities on this Site, and you are not entitled to any compensation for any use or other exploitation of such submission or information by FOR3ST HILLS pursuant to the rights in such submission or information that have been granted hereunder and/or that are available under applicable law.
8. Representation and Warranties. You hereby represent and warrant that you have the legal right and authority to enter into this Agreement; and if you are under the age of eighteen (18), you have obtained written consent, release and/or permission from your parent or legal guardian and you agree to provide us a copy of any such consents, releases and/or permissions upon our request.
9. No Obligation to Use. It is in the sole discretion of FOR3ST HILLS whether or not to exercise any right granted to FOR3ST HILLS under this Agreement, and FOR3ST HILLS shall have no obligation to use or otherwise exploit any submission or information. FOR3ST HILLS does not accept, invite or consider any unsolicited submissions of ideas, proposals or suggestions, whether related to this Site or otherwise. Unsolicited Submissions are not confidential and any Unsolicited Submissions will become the sole property of FOR3ST HILLS. FOR3ST HILLS has no obligation with respect to Unsolicited Submissions and may use them for any purpose whatsoever without compensation to you or any other person, or third party.
10. Monitoring. FOR3ST HILLS may, but has no obligation to monitor, evaluate or alter all submissions and information before or after they appear on this Site; or to verify that all rights, consents, releases and permissions pertaining to such submissions or information have been obtained by you in accordance with your representations above. FOR3ST HILLS may, but has no obligation to refuse, reject or remove any submission or information at any time for any reason. If you become aware of any unlawful, offensive or objectionable material(s) on this Site, contact us at FOR3STHILLSHQ@gmail.com with your name and email address, a description of the material(s) and the URL or location of such materials. You agree and understand that this Site may contain content that is not suitable for audiences under the age of eighteen (18) and you view and access this site at your own risk.
11. Products and Purchases. All rights in any products available through this Site, such as music, video, artwork, text and other copyrightable materials (the "Products") are owned by FOR3ST HILLS. If you wish to purchase any Products made available through this Site, you may be asked to supply certain information in connection with your purchase of such Products, including but not limited to your credit card number or other payment account number, your email and phone number, your billing address and your shipping information. BY INITIATING ANY TRANSACTION ON THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By submitting such information, you grant FOR3ST HILLS the right to use such information in accordance with our policies, including, without limitation, by providing such information to third parties for purpose of facilitating the completion of the transaction connected to your purchase of Products initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any orders, transactions, purchase of Products or otherwise. Failure to verify any requested information may result in a cancellation of your transaction and the Products may not be delivered to you.
Price and availability of any Product offered through this Site are subject to change without notice. In the event that a Product is listed at an incorrect price or with other incorrect information, FOR3ST HILLS has the right to refuse or cancel any purchase for such Product. You shall pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network, data or other charges in respect of mobile downloads. In addition, you remain responsible for any taxes that may be applicable to your purchase of Products. FOR3ST HILLS reserves the right to cancel any order, transaction or purchase at any time and for any reason, without limitation.
Except to the extent applicable law provides otherwise, all sales through this Site are final, and all charges from those sales are nonrefundable, except as otherwise expressly set forth in this Agreement. FOR3ST HILLS or our third party designees may automatically process charges against your selected payment method on the receipt page or when we provide you with a "Download Now" link. FOR3ST HILLS or our third party designees will inform you if all or any portion of your order is canceled or if additional or different information is required to accept your order.
12. Product Delivery. Except to the extent prohibited by applicable law, FOR3ST HILLS reserves the right to change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product. Your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will either be a replacement of such Product or a refund of the purchase price paid for such Product, as determined by FOR3ST HILLS at the sole discretion of FOR3ST HILLS.
You may not use FOR3ST HILLS' trade names, trademarks and service marks in connection with any product or service that is not FOR3ST HILLS', or in any manner that is likely to cause confusion. Nothing contained on this Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of FOR3ST HILLS.
13. Third Party Applications. This Site may include third party software applications and services. Because FOR3ST HILLS does not control Third Party Applications, you agree that FOR3ST HILLS is not responsible or liable for any Third Party Applications, including the performance, integrity, quality, accuracy, legality, usefulness, or safety of, or intellectual property rights relating to Third Party Applications or their use. FOR3ST HILLS has no obligation to monitor Third Party Applications and FOR3ST HILLS may remove or restrict access to Third Party Applications at any time. Your use of Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement. This Agreement does not create any legal relationship between you and any Third Party Applications, and nothing in this Agreement shall be deemed to be a representation or warranty by FOR3ST HILLS with respect to any Third Party Application.
14. Links and Feeds. This Site may provide links to or feeds from other websites and online resources. FOR3ST HILLS is not responsible for and does not endorse such external sites or resources. YOUR ACCESS TO AND USE OF THIRD PARTY WEBSITES, CONTENT AND RESOURCES IS AT YOUR OWN RISK.
15. Limitations of Liability and Disclaimers. FOR3ST HILLS MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE, OR ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THIS SITE IS OR WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR COMPATIBLE WITH ANY PARTICULAR SOFTWARE OR HARDWARE. FOR3ST HILLS MAKES NO REPRESENTATION OR WARRANTY THAT ANY SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SITE OR ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THIS SITE WILL FUNCTION IN ANY MANNER. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE OR SERVICES NEEDED TO USE THE SITE AND ENSURE THAT ANY SOFTWARE, HARDWARE, EQUIPMENT, DEVICES, SYSTEMS OR SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE AND ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THIS SITE.
FOR3ST HILLS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH YOUR USE OR RECEIPT OF ANY THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT), OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FOR3ST HILLS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE OR FROM ANY THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO FOR3ST HILLS TO ACCESS AND USE THIS SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
FOR3ST HILLS does not guarantee that this Site or any Third Party Applications will be secure or that any use of this Site or any Third Party Applications will be uninterrupted.
16. Indemnify. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless FOR3ST HILLS from and against all claims, losses, costs and expenses, including attorney's fees, arising either out of your use of, or activities in connection with this Site, any violation of this Agreement by you, any use or other exploitation or failure or post, or any claim that your submissions or information or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
17. Termination. This Agreement is effective until terminated. FOR3ST HILLS may, at any time and for any reason, terminate your access to or use of this Site, your username and password or any files or information associated with your username and password. If FOR3ST HILLS terminate your access to the Site, you will not have the right to bring claims against FOR3ST HILLS with respect to such termination. FOR3ST HILLS shall not be liable for any termination of your access to this Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
18. Governing Law and Dispute Resolution. You hereby agree that this Agreement and any claim or dispute arising in connection with this Agreement or your use of this Site is governed by and shall be construed in accordance with the laws of the State of New York, United States of America, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in New York, New York, United States of America, and waive any jurisdictional, venue or inconvenient forum objections thereto.
You further agree that the United Nations Convention on the International Sale of Goods will not apply to this Agreement. You agree that any unauthorized use of the Site, the Products or any related software or materials, or any Third Party Applications, would result in irreparable injury to FOR3ST HILLS for which money damages would be inadequate, and in such event FOR3ST HILLS, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that FOR3ST HILLS may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.
19. Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding this Site, please feel free to contact FOR3ST HILLS via email at firstname.lastname@example.org. Email communications are not necessarily secure, so please do not include credit card information or other sensitive information in any email to FOR3ST HILLS. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Forward-Looking Statements. Statements appearing on this Site that concern FOR3ST HILLS and that are not historical facts are "Forward-Looking Statements." Forward-Looking Statements are only predictions, and actual future events may differ materially from those discussed in any Forward-Looking Statement. FOR3ST HILLS disclaims any obligation or responsibility to update, revise or supplement any Forward-Looking Statement or any other statements appearing on this Site.
21. Ability to Enter Into This Agreement. By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or legal guardian consent to enter into this Agreement.
22. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to email@example.com. Email communications are not necessarily secure, so please do not include credit card information or other sensitive information in any email to FOR3ST HILLS. You understand that upon emailing firstname.lastname@example.org, or any email associated with this Site that you may receive an automated response. You understand that this response is automated and intended to be a confirmation that FOR3ST HILLS has received your email and will respond to you when possible. You understand a response to your email from FOR3ST HILLS may not be immediate and that there is no specified amount of time or time frame in which you will receive a response from FOR3ST HILLS.
23. Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and FOR3ST HILLS. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without the express prior written consent of FOR3ST HILLS. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that FOR3ST HILLS posts on this Site and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and FOR3ST HILLS relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and FOR3ST HILLS relating to such subject matter. Notices to you may be made via posting to this Site, by email or by regular mail, in FOR3ST HILLS' discretion. FOR3ST HILLS may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. FOR3ST HILLS will not be responsible for failure to fulfill any obligation due to causes beyond FOR3ST HILLS' control. Except as expressly set forth in the following sentence, nothing in this Agreement, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations or liabilities. Notwithstanding the previous sentence, you agree that content owners and service providers from whom FOR3ST HILLS has obtained a license or other rights to use their content and services, as applicable, in connection with the Site are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly apply to such parties. Notwithstanding the immediately preceding sentence, FOR3ST HILLS' right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.