Terms of Use

Terms of Use

Last Updated: May 9, 2023.

Thank you for using FreedomRose products and services!

FreedomRose offers products and services provided by FreedomRose LLC , a limited liability company organized in the state of California (collectively, “FreedomRose,” “us,” “we,” or “our”). These Terms of Use (“Terms”) govern your use of our website, any affiliate site, platform, or subdomain to which you are redirected from this site, any social media site account owned or operated by us, and/or other products and services (including but not limited to information, blog, digital products, digital products provided for free or for sale, classes, and courses) from us (“Services”).

These terms may be updated from time to time. The most current posted version of these Terms supersedes all previous versions. Please review these Terms carefully and frequently. We reserve the right to change these Terms at any time and without notice to you. Any updates to these Terms shall be effective as of the “Last Updated” date shown above. Accordingly, you should check these Terms from time to time to ascertain if any changes have been made. Each use by you of the Services constitutes your unconditional acceptance of such changes to these Terms. If you do not agree to these Terms, you may not use the Services. If any new products, services, or content become available, they will be considered part of the Services and your use of them will be governed by these Terms, as updated, unless we notify you otherwise. By using our Services, you agree to be bound by these Terms, including any policies referenced in these Terms.

THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 9 THAT APPLY TO ALL CLAIMS BROUGHT AGAINST FREEDOMROSE AND THE RESOLUTION OF ALL DISPUTES. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS.

Section 1. Using Our Services

1.1 Who May Use Our Services

You may use our Services only if you can form a binding contract with FreedomRose, are 18 years of age or older, are a United States customer, and only in compliance with these Terms and all applicable laws. Any use or access by anyone under the age of 18 is prohibited. Information provided in the Services and other information are subject to change. While we make every effort to ensure the information we are providing is accurate, your use of the Services is for educational, entertainment, and general informational purposes only and are not intended to provide legal advice or substitute for legal advice. FreedomRose is not a law firm and does not provide legal advice.  FreedomRose always recommends that you seek professional help for all individual questions, issues and concerns. Any mention of a strategy or methodology does not indicate a guarantee of success. We cannot guarantee the information is error-free and/or up to date, and users of the Site should ensure the information we share is applicable to their situation before acting upon it as we cannot be held liable for any inaccuracy, error, or incompleteness in the Service’s content.

The law and applicable rules change constantly, and our course materials and Service offerings may not always reflect the current state of the law or rules, despite our best efforts to keep our materials current and Services up to date.  While our information is maintained and periodically updated for accuracy, our materials and Services may contain omissions or errors for which we disclaim any liability. Nothing through our Services predicts or guarantees future results. FreedomRose is not liable for the use or interpretation of information contained through your use of our Services, and we expressly disclaim all liability for any actions you take, or do not take, based on your use of our Services. Further, we are not making any claims as to any guaranteed results or income that may result from utilizing the techniques that we teach in the Services.

1.2 Our License to You

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain our written permission to otherwise use the content. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.

Section 2. Content

2.1 Changes to Content Offerings

FreedomRose offers courses and content (“Content Offerings”) through the Services, as well as third-party websites, such as Udemy and Amazon. For any uses of Content Offerings through Udemy, you will also be subject the Udemy terms of services, which can be found here: https://www.udemy.com/terms/. For any uses of Content Offerings through Amazon.com, you will also be subject to the Amazon terms of services, which can be found here: https://www.amazon.com/gp/help/customer/display.html?nodeId=202140280. While we seek to provide first-rate Content Offerings, unexpected events do occur. FreedomRose solely reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.

2.2 No Academic Credit

FreedomRose does not grant academic credit for the completion of Content Offerings. Your participation in or completion of Content Offerings does not confer any academic credit. FreedomRose has no obligation to have Content Offerings recognized by any educational institution or accreditation organization.

2.3 Your Content

2.3.1 User Content

The Services may enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, photos, and the like (“User Content”), with FreedomRose, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. User Content does not include course content or other materials made available on or placed on to the FreedomRose platform by or on behalf of FreedomRose or any instructors using the Services or Content Offerings.

2.3.2 How FreedomRose and Others May Use Your Content

To the extent that you provide User Content, you grant FreedomRose a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Nothing in these Terms shall restrict other legal rights FreedomRose may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies including our Acceptable Use Policy.

2.3.3 Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, FreedomRose does not waive any rights to use similar or related Feedback previously known to FreedomRose, developed by us, or obtained from other sources.

2.4 Third Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. FreedomRose cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. FreedomRose disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third-party content.

Certain links within the Services may lead to other sites, and such links are provided solely for your convenience to provide further information. FreedomRose does not necessarily sponsor, endorse, or otherwise approve such linked materials and does not control or guarantee the accuracy, relevance, timeliness, or completeness of the information contained in such links.

Section 3. Copyright and Trademark

3.1 Our Intellectual Property

The Services contain intellectual property owned by FreedomRose, including trademarks, copyrights, proprietary information, and other intellectual property (the “FreedomRose Intellectual Property”). You may not copy, download, reverse engineer, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, reuse, copy, repost, sell, publish, disseminate, circulate, or in any way exploit in any format whatsoever any of Services, any information, content, software, products, or Services otherwise connected to the Site, or other FreedomRose Intellectual Property, in whole or in part, without our prior written consent. When you are logged in to your Udemy account you can watch and re-watch any purchased courses as many times as you would like, but you are prohibited from sharing them with others or otherwise sharing them so that they may be circulated or disseminated in violation of these Terms. Additionally, you are prohibited from live streaming or showing the information to multiple third parties, such as to multiple people in a room or via screenshare on Zoom without our prior written permission. For any materials that come with any purchased Services, we grant you a non-exclusive, non-transferrable revocable license to use them for your personal use; you are not permitted to share these materials with others, sell, duplicate, display, or otherwise distribute them. You are not permitted to create any software, application, or device designed for the purpose of obtaining data from the Services, or engage in any web scraping, web harvesting, or web data extraction from the Services. Violating our FreedomRose Intellectual Property policy is a material breach of this Agreement. Your purchase of the Services through third-party websites like Udemy or Amazon, does not grant you any ownership rights in the materials. We reserve the right, in our sole and absolute discretion, to immediately and without notice remove you from the Site and revoke your access to our Services, if you violate or attempt to violate the FreedomRose Intellectual Property policy.

3.2 Others Intellectual Property

FreedomRose respects the intellectual property rights of our users and other third parties, and expects our users to do the same when using the Services. We have adopted and implemented the FreedomRose Copyright and Trademark Policy below in accordance with applicable law, including the Digital Millennium Copyright Act.

Section 4. Modifying or Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend (to the extent allowed by applicable law) or stop part of our Services altogether. Accordingly, FreedomRose may terminate your use of any Services for any reason. None of FreedomRose, its instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “FreedomRose Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.

Section 5. Disclaimers

While the IP Insights™ online courses and materials offered by FreedomRose are intended to help you become independent and self-reliant in intellectual property, they have been created for educational, entertainment, and general informational purposes only, and are not intended as a substitute for legal advice. FreedomRose is not a law firm and does not provide legal advice. FreedomRose always recommends that you seek professional help for all individual questions, issues and concerns. For the aforementioned reasons, in any event or claim, you agree to hold FreedomRose harmless.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE FREEDOMROSE PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE FREEDOMROSE PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Section 6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FREEDOMROSE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE FREEDOMROSE PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL FREEDOMROSE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY FREEDOMROSE FROM YOU FOR THE USE OF PAID SERVICES THROUGH THIRD-PARTIES SUCH AS UDEMY OR AMAZON DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE FREEDOMROSE PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO FREEDOMROSE’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Section 7. Indemnification

You agree to indemnify, defend, and hold harmless the FreedomRose Parties from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Section 8. Governing Law and Venue

Except as provided below, the Services are managed by FreedomRose LLC which is located in Santa Cruz County, California. You agree that these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and FreedomRose will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Cruz County, California as the legal forum for any such dispute.

This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.

Section 9. Binding Arbitration and Class Action Waiver

You and FreedomRose agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms or this arbitration provision to the fullest extent permitted by applicable law (each a “Claim,” and collectively the “Claims”).

The exclusive means of resolving any Claims will be BINDING ARBITRATION administered by the American Arbitration Association. You waive your right to a trial by jury. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court of competent jurisdiction.  For such a claim, the exclusive venue shall be the state courts of California located in Santa Cruz County. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. The laws of the State of California will govern these Terms, as well as any claim that might arise between you and us, without regard to any conflict of law provisions. You agree to the above arbitration agreement.

In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction located in Santa Cruz County, California. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the federal or state courts located in Santa Cruz County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms, and any dispute between you and us, will be governed by the laws of the State of California without regard to principles of conflicts of law, provided that this arbitration agreement will be governed by the Federal Arbitration Act.

THIS BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM. OTHER RIGHTS THAT YOU OR FREEDOMROSE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Section 10. General Terms

10.1 Revisions to Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

10.2 Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

10.3 Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Acceptable Use Policy

Effective as of April 20, 2023.

Our mission is to provide access to intellectual property information and education. We believe strongly in preserving free speech and expression for our users as well as academic freedom for our instructors. We also want to make sure that all of our users and instructors feel safe and comfortable while using our Services. We have drafted this policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.

We may remove or edit inappropriate content or activity identified by or reported to us. We may separately suspend, disable, or terminate a user’s access to all or part of the Services.

You are prohibited from using our Services to share content that:

  • Contains illegal content or promotes illegal activities with the intent to commit such activities.
  • Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
  • Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
  • Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
  • Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
  • Otherwise violates the FreedomRose Terms.

Please note that specific Content Offerings may have additional rules and requirements.

You also aren’t allowed to:

  • Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
  • Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
  • Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
  • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
  • Try to reverse engineer any portion of our Services.
  • Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
  • Use our Services to distribute malware.
  • Use our Services or any functionality of the FreedomRose platform for anything other than for completing online courses or for pedagogical purposes.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Encourage or help anyone do any of the things on this list.

FreedomRose Copyright and Trademark Policy

Effective as of April 20, 2023.

FreedomRose respects the intellectual property rights of our instructors, users, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

If you believe in good faith that materials on the FreedomRose platform infringe your copyright, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

  • the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the platform are covered by a single notification, a representative list of such works);
  • identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow FreedomRose to locate the material on the platform;
  • the name, address, telephone number, and email address (if available) of the complaining party;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can be sent:

Via Email: contact@freedomrose.xyz

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

FreedomRose also respects the trademark rights of others. If you are concerned that someone may be using your trademark without proper permission on our Services, please email us at contact@freedomrose.xyz, and we will review your submission. If we deem appropriate, we may remove the offending content and/or warn the individual who posted the content.

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