Terms Of Service

Effective Date: January 2026 V.1

1. Introduction

a. These Standard Terms and Conditions (“Terms”) contained herein on this webpage shall govern Your use of this website, including all pages within this website (collectively referred to herein as the “Website”). These Terms apply in full force and effect to Your use of this Website and by using this Website, You expressly accept all terms and conditions contained herein in full. You must not use this Website if You have any objection to any of the Terms.

2. The Services

a. In accordance with the Terms, the Company shall provide You with membership access to its website platform, granting access to information pertaining to vacation rentals; firefighter owned businesses; a marketplace for the buying, selling and trading of goods; deals and discounts offered by non-firefighter owned businesses; and a community forum (“Services”).

b. The Company only provides access to the information as identified in Section 2(a) herein. In that regard, any redirection from the Company’s Website to a third-party booking service and any arrangements made with a third-party shall be with the third-party only and not with the Company. The Company is not responsible for any booking service or arrangement that is made through a
third-party booking service or with a third-party, and the Company shall have no liability to You with respect to such booking or arrangement. The terms and conditions of the third-party shall set out what rights You may have against them and will explain their liability to You.

Intellectual Property

All content, trademarks, and intellectual property displayed on this website are owned by or licensed to us. You may not reproduce, distribute, or modify any content without prior written permission.

3. License and Use of Content

a. “Your Content” shall mean any audio, video, text, images, data or other material You choose to upload to the Company’s website platform. With respect to Your Content, by uploading it, You grant the Company a non-exclusive, worldwide, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, adapt, modify, publish, translate, export and distribute Your Content as the Company deems necessary to meet its obligations and to provide the services contemplated herein to You (the “License”). The Company shall not be responsible for backing up and maintaining up to date copies of Your Content, and the Customer is hereby advised to maintain up to date copies of such materials. The Company shall neither be responsible for the misuse nor the failed storage of Your Content. You further agree to be solely responsible for maintaining the security of Your Content. In the event You authorize the access or transmission of Your Content through a third-party, You hereby agree that the Company shall not be responsible for such use, disclosure, modification or deletion of Your Content or for any act or omission on the part of such third party.

b. You are not granted any right to use the Company’s trademarks, logos, or trade dress, and all such items are, and shall remain, the property of the Company. You are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and/or broadcast any content, except for Your Content as defined above.

c. If the Company provides desktop, mobile or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own use, provided You agree to be bound by this Agreement.

d. Unauthorized or prohibited use of the Company’s Website may subject You to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.

4. Compliance with Laws; Uploading of Personal Information

a. You agree that Your collection, access, use, storage, disposal, and disclosure of Your Content does and will comply with all applicable federal and state laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act (“HIPAA”), the Gramm-Leach-Bliley Act, the Payment Card Industry Data Security Standards (“PCI DSS”), and all federal and state privacy and data security laws. You agree to obtain all necessary and requisite consent from any and all third parties as required by law. If You will collect, access, use, store, process, dispose of or disclose credit, debit, or other payment cardholder information, You shall at all times remain in compliance with the PCI DSS.

b. Notwithstanding Your uploading of eligibility verification documents in accordance with Section 5 and an authorized payment method in accordance with Section 10 herein, You agree to not use the Company’s website platform to send to a third-party or store personal information subject to special regulatory or contractual handling requirements under HIPAA, the Gramm-Leach-Bliley Act, PCI DSS, and all federal and state privacy and data security laws including, but not limited to, the following: credit card information, credit card numbers and magnetic stripe information, social security numbers, driver’s license numbers, passport numbers, government-issued identification numbers, health-related information, biometric data, financial account information, personally identifiable information collected from children under the age of thirteen (13) or from online services directed toward children, and real time geolocation data which can identify an individual, or information deemed “sensitive” under applicable law (such as racial or ethnic origin, political opinions, or religious or philosophical beliefs).

c. You further understand that elements of the Services provided by the Company may be subject to export laws and regulations in the United States and other jurisdictions. You hereby represent that You are not named on any United States government denied-party list, and You understand and agree that the Services of the Company shall not be used in any country that is subject to an embargo by the United States, and that You may not use the Services in violation of any export restriction or embargo or sanctions by the United States or any other applicable jurisdiction. You further understand and agree to not export any product or use the Services of the Company to export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside of the United States without first complying with all export control laws and regulations imposed by the United States and any country or organization of nations within whose jurisdiction You operate and do business.

d. The Company makes no representations or warranties regarding the suitability of the Website for the uploading of any particular type of data, Your usage of the Website, or the Services.

5. Eligibility and Account

a. In order to be eligible to receive the Services Company provides, You must be eighteen (18) years or older and an active or retired member of a fire department or organization. To obtain access to Company’s website platform and the Services Company provides, You are required to register an account with the Company, wherein You will provide accurate, complete, and up to date information and documentation for eligibility verification (“Account”) and hereby authorize the Company to contact You via the information You provide. For an additional fee as contemplated herein, You may grant additional access to Your spouse. Your Spouse shall have the same access privileges as You, subject to all verification and conduct requirements. The Company makes no representations, warranties or guarantees with respect to Your Account or the account of Your spouse.

b. In order for the Company to verify your eligibility, You agree to provide the Company with accurate, complete, and up to date eligibility verification information and documentation to include fire department identification cards, fire department email addresses, dates of hire and retirement, fire department rank, fire department address, fire department Human Resources email address, drivers licenses, and Spouse drivers licenses (if applicable), pension statements. By providing the foregoing information and documentation, You grant the Company the authority to retain said information in accordance with the Company’s Privacy Policy, and further authorize the Company to contact the fire department based upon the information You provide.

c. This Terms of Service Agreement shall be deemed effective when You access the Company’s Website (“Effective Date”) and shall remain in effect until either You or we terminate this Agreement in accordance with these Terms. You understand that certain services provided by the Company will require the addition of an authorized payment method to Your Account.

d. You are responsible to keep Your Account secure and Your password safe. You are responsible to ensure that You are in control of any and all access points to Your Account. The Company is not responsible, nor is it liable for, any harm caused or related to the theft or misappropriation of Your Account information. By registering and using an Account with the Company, You represent and warrant that You are the only person accessing the Account. In the event You authorize others to use Your Account, the Company shall not be deemed liable for any harm that is caused by their access of Your Account, and You agree to remain solely liable.

e. You further agree to notify the Company immediately if You discover or otherwise suspect any unauthorized use of Your Account. You further acknowledge and understand that if You lose Your private keys, You will be unable to recover Your Content associated with Your Account.

6. Term and Termination

a. This Terms of Service Agreement shall commence on the Effective Date and shall continue for a period of one (1) year. Such term shall auto-renew for additional one (1) year terms unless either party terminates this Agreement. Either party may terminate this Agreement if the other party is in material breach of the terms of this Agreement or ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within sixty (60) days. Notwithstanding the foregoing, You may not terminate this Agreement until Your Account is closed.

b. Upon termination of this Agreement, Your use, and any spouse’s use, of the Website and the Company’s Services shall immediately cease and You shall no longer have access to Your Account. You understand and agree that upon termination of this Agreement, Your access to Your Content may not be recoverable. Upon termination, the Company reserves the right to reclaim any Website space associated with a terminated Account, which may include the deleting of Your Content from the Website, making such materials unrecoverable.

7. Rights and Restrictions

a. No rights are granted to You other than the rights expressly set forth in this Agreement. By entering into this Agreement, You shall have a non-exclusive, non-transferable, and non sublicensable right, unless otherwise agreed to by the Parties and/or indicated herein, to use the Company’s Website in accordance with the terms of this Agreement.

b. You hereby understand and agree that You are expressly prohibited from engaging in any and all of the following conduct:

i. selling, sublicensing and/or otherwise commercializing any Website material;
ii. using the Website in any way that is, or may be, damaging to the Website;
iii. using the Website in any way that impacts user access to the Website;
iv. using the Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
v. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Website or while using the Website; or
vi. copying, modifying, adapting, or otherwise gaining unauthorized access to the Website.

c. Certain areas of the Website are restricted from access and the Company may further restrict access by You to any areas of the Website, at any time, in its sole and absolute discretion. Any user ID and password You may have for the Website shall be deemed confidential and You hereby agree to maintain the confidentiality of such confidential information.

d. You further agree that, except for any rights expressly granted by the terms of this Agreement, the Company shall own and retain all right, title and interest in and to the Services provided to You, including but not limited to any improvements, enhancements, modifications, and customizations thereof, as well as any and all documentation and data derived from the operation of the Services to You and any and all related intellectual property rights therewith. This shall include any and all data that is aggregated by the Company and any and all data and information pertaining to Your access to, participation in, and use of the Company’s Services. For avoidance of doubt, nothing herein shall be construed as prohibiting the Company from using such data to operate its business and/or otherwise improve the services it provides. In the event the Company provides such data to third parties, the Company hereby agrees that such data shall be deidentified and presented in the aggregate so as to not disclose the identity of any customer.

e. In the event You provide the Company with any feedback, ideas, suggestions, requests, and/or recommendations, You hereby agree that the Company shall have a perpetual, irrevocable, royalty free, fully-paid, nonexclusive, worldwide license, with no duty to account, to freely use, disclose, and otherwise exploit such feedback, ideas, suggestions, requests, and/or recommendations without any compensation or other obligation owed to You. For avoidance of doubt, this shall include the incorporation of such feedback, ideas, suggestions, requests, and/or recommendations into future versions of the Website and future services provided by the Company.

f. The Company further reserves the right to identify the Customer as a customer on its Website and in other marketing materials by using Customer’s name and logo, if applicable.

8. Member Violations

a. If (i) You breach these Terms, or the Company’s additional legal terms, policies, and standards, including but not limited to the Company’s Code of Conduct, (ii) You violate applicable laws, regulations or third-party rights, or (iii) the Company believes it is reasonably necessary to protect the Company and Company’s members, the Company may in the Company’s sole and absolute discretion, with or without prior notice and without Your prior approval, terminate, suspend or limit access to Your Account and/or suspend, remove, delete, disable access to, or restrict visibility of Your Content. You may appeal actions taken by the Company under this Section by contacting customer service at support@firehouseflyer.com.

9. Reporting Violations

a. If You believe that a member or a member’s content poses an imminent risk of harm to a person or property, You shall immediately contact local authorities before contacting the Company. If You report an issue to local authorities, the Company may request a copy of that report. Except as required by law, the Company is not required to take action in response to any report. In addition, if You believe that a member or a member’s content has violated the Company’s Code of Conduct, You should report Your concerns to the Company immediately by contacting customer service at support@firehouseflyer.com.

10. Payment of Fees; Auto-Renewal

a. You hereby agree to pay any and all amounts due and owing as notified by the Company for the Services it provides to You. Any and all fees shall be exclusive of applicable taxes, and You hereby agree to be solely responsible for such fees. In the event of an increase in fees, the Company shall provide at least thirty (30) days’ notice to You. Any change in fees shall take effect on the next billing cycle after the notice period.

b. You will be required to upload an authorized payment method to Your Account, and are responsible for ensuring Your payment method is current and valid. All applicable fees shall be charged monthly or annually in accordance with Your elected fee structure to Your payment method on file, and such fees shall auto-renew for additional one (1) year terms unless You cancel Your Account with the Company before Your Account renewal date. Upon the cancellation of Your Account, You shall have access to Your Account for the remainder of the paid term and no refund shall be given for any remaining months of the paid term.

c. The fee structure for an Account shall be as follows:

(a) Monthly Membership Fee: a recurring monthly rate of $7.99 USD per month paid each month.

(b) Annual Membership Fee: a recurring annual fee at a discounted rate of $77.99 USD per year paid in full at the time of enrollment or renewal.

(c) Spouse Monthly Membership Add-On Fee: a recurring monthly rate of $1.99 USD per month paid each month.

(d) Spouse Annual Membership Add-On Fee: a recurring annual fee rate of $23.88 USD per year paid in full at the time of enrollment or renewal.

d. By entering into this Agreement, You hereby authorize the Company to charge such Account fees to Your authorized payment method on file. In the event of an unsuccessful payment, the Company hereby reserves the right to suspend and/or terminate Your Account without prior notice and without prior consent.

11. Modifications and Maintenance

a. Company reserves the right at any time to temporarily or permanently update, modify or discontinue any or all portions of the Website in its sole discretion with or without notice. In the event such changes constitute a new version of the Website that is not backwards compatible with the Services provided by the Company to You, Company shall provide support services for a minimum of three (3) months. In the event the Company determines it will deprecate, or phase out, the incompatible version, the Company shall provide three (3) months’ notice of such decision. The Company shall not be liable to You or to any third party for modifications, suspensions, and/or discontinuances of the Website.

b. Company shall provide maintenance services to the Website as necessary to ensure proper functionality. The Company shall provide optional general maintenance to the Website if deemed reasonably necessary. In the event of emergency maintenance, the Company shall use commercially reasonable efforts to perform any and all emergency maintenance at the time of lowest use levels based upon the prior month’s usage. Eight (8) hours’ notice shall be given for any and all scheduled downtime set to occur outside of general or emergency maintenance.

12. Customer Support

a. The Company shall provide Accounts with customer support for service errors, being more specifically defined as any failure of the Website and/or Services provided by the Company to You to materially operate in accordance with these Terms of Service (“Error(s)”).

b. Email and community support shall be provided during general support hours via the Company’s support page, accessible at support@firehouseflyer.com and incorporated herein by reference. Customer shall include a detailed description of the Error and information pertaining to the first time Customer became aware of the Error. The Company shall respond to all support requests in accordance with its service severity levels.

c. The Company may also provide Accounts with customer support by means of telephone or remote access software. If You request remote access, the Parties understand and agree that the Company may only collect, maintain, process and use such information as is reasonably necessary to assist in the analyzing and resolving of Your support request. Such information collected by the Company shall be deemed the Customer’s confidential information. The Parties further agree that the Company shall not be responsible for the transmittal or disclosure of protected health information, nonpublic personal information, and/or personal information/data to the Company by the Customer.

d. By agreeing to these Terms, You hereby agree to notify the Company promptly of any Errors with the Website and/or Services provided to You. You further agree to provide, as reasonably necessary, supporting data and information in order for the Company to identify Your Account and any and all reported Errors. You further agree to cooperate with and provide assistance to the Company as it reasonably requests.

e. You may designate in writing certain individuals who are responsible for handling support requests on Your behalf. In order to do so, You are required to provide the names and email addresses of such individuals to Firehouse Flyer, 898 South State St., Ste. 310, Orem, UT 84097.

13. No Representations and Warranties

A. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE WEBSITE AND YOUR USAGE OF THE WEBSITE, OR THAT THE SERVICES ARE APPROPRIATE FOR USE IN ANY JURISDICTION. YOU AGREE TO BE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY AND ALL LOCAL LAWS AND REGULATIONS IN THE JURISDICTIONS WHERE YOU USE AND ACCESS THE WEBSITE AND THE COMPANY’S SERVICES.

B. THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS A V AILABLE” WITH ALL FAULTS, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATED TO THE WEBSITE OR THE SERVICES THE COMPANY PROVIDES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY , TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.

C. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT THE COMPANY DOES NOT WARRANT THAT ITS SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, UNINTERRUPTED, TIMELY , FUNCTIONING PROPERLY , HARMLESS, OR BE FREE FROM VIRUSES OR IMPERFECTIONS. THE COMPANY SHALL TAKE REASONABLE MEASURES TO CORRECT ERRORS, BUT THE COMPANY IS IN NO WAY WARRANTING THAT ITS SERVICES WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.

D. THE COMPANY FURTHER DISCLAIMS ALL LIABILITY RELATED TO ANY DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION OR OTHER DAMAGE RESULTING FROM MATTERS OUTSIDE OF THE COMPANY’S CONTROL, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE, AND PERSONAL COMPUTING DEVICES, TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS, AND THIRD-PARTY HOSTING SERVICE PROVIDERS. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES.

14. Limitation of Liability

A. IN NO EVENT SHALL THE COMPANY , NOR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY , INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE WEBSITE AND THE COMPANY’S SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT AS PERMITTED BY LAW.

B. THE PARTIES HEREBY AGREE THAT THE COMPANY’S AGGREGATE LIABILITY TO THE CUSTOMER FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE CUSTOMER’S USE OF THE WEBSITE OR THE COMPANY’S SERVICES OR OTHERWISE RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID BY THE CUSTOMER TO THE COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM FIRST AROSE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE SUMS PAYABLE ABOVE SHALL CONSTITUTE LIQUIDATED DAMAGES AND NOT PENALTIES.

15. Indemnification

a. You hereby agree to defend, indemnify and hold harmless to the fullest extent permitted by law the Company from and against any and all losses, liabilities, claims, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) (collectively “Claims”) arising out of, or in any way related to, Your use of the Website or the Company’s Services or Your breach of any of the provisions of these Terms of Service. The Company reserves the right to exercise sole control over the defense and settlement of the Claims.

16. Severability

a. The invalidity of any one or more of the words, phrases, sentences, clauses, provisions, sections or articles contained in this Agreement shall not affect the enforceability of the remaining portions of this Agreement or any part thereof, all of which are inserted conditionally on their being valid in law, and, in the event that any one or more of the words, phrases, sentences, clauses, provisions, sections or articles contained in this Agreement shall be declared invalid, this Agreement shall be construed as if such invalid word or words, phrase or phrases, sentence or sentences, clause or clauses, provisions or provisions, section or sections or article or articles had not been inserted. If such invalidity is caused by length of time, the otherwise invalid provision will be considered to be reduced to a period which would cure such invalidity.

17. Waiver

a. The waiver by either Party hereto of a breach or violation of any term or provision of this Agreement shall neither operate nor be construed as a waiver of any subsequent breach or violation.

18. Successors and Assigns

a. This Agreement shall be binding upon, and inure to the benefit of, the Company and its successors and assigns and upon any person acquiring, whether by merger, consolidation, purchase of assets or otherwise, all or substantially all of the Company’s assets and business.

b. The Customer shall not assign this Agreement or any of the Customer’s rights hereunder, nor delegate any of its obligations, by operation of law or otherwise. This Agreement shall be binding upon, and inure to the benefit of, the Customer and their respective successors and permitted assigns.

19. Entire Agreement

a. This Agreement supersedes any and all prior agreements or understandings between the Parties, and this Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by the Parties concerning this Agreement.

20. Amendments

a. The Company may revise this Terms of Service Agreement from time to time by posting the updated agreement to the Website. The Company may do so with or without prior notice to the Customer, except as otherwise stated herein. By continuing to access and use the Website and the Company’s Services, You hereby agree to be bound by any and all revised versions of this Terms of Service Agreement.

21. Force Majeure

a. Neither Party shall be liable for any failure to perform under this Agreement in the event such failure is due to causes beyond that party’s reasonable control, including, but not limited to, acts of God, acts of State or government authorities, riots, war, acts of terrorism, epidemic, pandemic (including the COVID-19 pandemic), quarantine, civil commotion, natural catastrophe, fire, explosion, storm, flood, earthquakes, accident, and prolonged shortage of raw materials energy.

22. Governing Law & Jurisdiction

a. These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to principles of conflicts of law. Notwithstanding the Parties’ agreement to arbitrate in accordance with Section 23 herein, You hereby agree and submit to the non-exclusive jurisdiction of the state and federal courts located in the State of Utah.

23. Mediation and Arbitration

a. The Parties agree to first mediate and may then submit to binding arbitration any claims that they may have against each other as it relates to this Agreement other than those prohibited by law. This shall be pursuant to the rules of the American Arbitration Association (“AAA”) Commercial Arbitration Rules. (a) The arbitration will be conducted by a single arbitrator mutually agreeable to both Parties who is an experienced arbitrator with previous arbitrator experience, (b) AAA will not make an administrative appointment of an arbitrator in the event the Parties are unable to mutually agree upon an arbitrator, and (c) in the event the Parties are unable to agree upon an arbitrator after AAA has submitted lists of proposed arbitrators on two consecutive occasions, AAA will prepare a third list of five (5) proposed arbitrators which the Parties will submit to a court of competent jurisdiction in accordance with Section 22 for purposes of appointing an arbitrator. Arbitration will be conducted in the AAA Los Angeles, California office. A judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction in accordance with Section 22 herein.

b. The Parties further agree that the arbitration shall be conducted in the Customer’s respective individual capacity only and not as a class action or other representative action. Customer expressly waives their right to file a class action lawsuit or seek relief on a class basis. The Customer agrees that they may bring a claim against the Company only in their own individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

c. NOTICE: BY AGREEING TO THESE TERMS, YOU ARE AGREEING TO HA VE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS ARBITRATION OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY UTAH LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HA VE THE DISPUTE LITIGATED IN A COURT BY A BENCH OR JURY TRIAL. BY AGREEING TO THESE TERMS, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

d. NOTICE: BY AGREEING TO THESE TERMS, YOU ARE AGREEING TO WAIVE YOUR RIGHT TO FILE A CLASS ACTION LAWSUIT OR SEEK RELIEF ON A CLASS BASIS. BY AGREEING TO THESE TERMS, YOU ARE AGREEING TO BRING A CLAIM AGAINST THE COMPANY ONLY IN YOUR OWN INDIVIDUAL CAPACITY.

24. Section Headings

a. The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

25. Electronic Signatures

a. A signature transmitted by facsimile or other electronic means shall be deemed valid and binding for all purposes.

26. Legal Communications

a. Customer hereby agrees to receive all communications, agreements, documents, disclosures, and notices that the Company provides in accordance with its Services by electronic means. The Customer further agrees that electronic means satisfies any legal requirement that a communication be in writing.

b. Any and all legal communications, agreements, documents, disclosures and notices provided by the Customer to the Company shall be in writing and delivered to the Company with attention to FIREHOUSE FLYER’s legal department via the Company’s then registered agent by certified mail with postage prepaid and return receipt requested or nationally recognized overnight courier service with a complete copy including any and all attachments sent to 898 South State St., Ste 310, Orem, UT 84097.

I have read the foregoing and hereby agree to these Terms of Service as of the Effective Date.