Terms and Conditions for Flame of the West

Effective Date: February 11, 2026

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Flame of the West/EJ Media, LLC ("we," "us," "our," or "Company"), a company operating under the laws of the United States, with its principal place of business in Fort Wayne, Indiana. These Terms govern your access to and use of our website [www.fotwpod.com] (the "Site"), including any content, functionality, services, podcasts, and related media offered on or through the Site.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Site. We reserve the right to modify these Terms at any time, and such modifications will be effective upon posting on the Site. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.

To help you learn: From a conservative perspective, these Terms emphasize personal responsibility and contractual freedom, core to free-market principles. By clearly outlining expectations, we protect individual liberty while minimizing unnecessary government intervention in private agreements. This introduction ensures users understand their obligations, promoting accountability.

1. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, podcasts, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Learning note: This section safeguards property rights, a foundational conservative value. It prevents unauthorized use of our content, ensuring creators retain control over their work and discouraging theft, which aligns with respect for private ownership and innovation in a free society.

2. User Accounts and Representations

To access certain features of the Site, such as subscriptions or donations, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for safeguarding your password and for any activities or actions that occur under your account.

By using the Site, you represent and warrant that: (1) all registration information you submit is truthful and accurate; (2) you will maintain the accuracy of such information; (3) you are at least 18 years old or have the legal capacity to enter into these Terms; (4) your use of the Site does not violate any applicable law or regulation; and (5) you will not access the Site through automated or non-human means, such as bots or scripts.

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

To help learn: Conservatism values truth and integrity; this clause holds users accountable for their representations, fostering a community based on honesty and self-reliance rather than deception or reliance on others to verify facts.

3. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include, but are not limited to:

Systematically retrieving data or other content from the Site to create or compile a collection, database, or directory without our written permission.
Tricking, defrauding, or misleading us or other users.
Circumventing, disabling, or otherwise interfering with security-related features of the Site.
Engaging in unauthorized framing or linking to the Site.
Making improper use of our support services or submitting false reports of abuse or misconduct.
Using the Site in a manner inconsistent with any applicable laws or regulations.
Uploading or transmitting viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Site.
Harassing, annoying, intimidating, or threatening any of our employees or agents.

Violation of these prohibitions may result in immediate termination of your access and potential legal action.

Learning note: These rules promote order and respect for the law, reflecting conservative ideals of rule-based societies where individuals are free to engage but must not infringe on others' rights or property.

4. Donations and Subscription Payments

We may offer options for one-time donations and recurring subscriptions to support our podcast content. All payments are processed through third-party payment processors (e.g., Stripe, PayPal). By making a donation or subscribing, you agree to the following:

Donations: Donations are voluntary, non-refundable contributions. We do not guarantee any specific benefits in exchange for donations, and they do not constitute a purchase of goods or services unless explicitly stated.
Subscriptions: Subscriptions are billed on a recurring basis (e.g., monthly or annually) at the rate disclosed at the time of subscription. You authorize us to charge your payment method automatically until you cancel. You may cancel your subscription at any time through your account settings or by contacting us, but we do not provide refunds for partial periods. Subscriptions may include trial periods; after the trial, you will be charged unless canceled.
Payment Methods: We accept various payment methods as indicated on the Site. You represent that you are authorized to use the payment method provided and agree to pay all applicable fees, taxes, and charges.
Refunds: Except as required by law, all payments are non-refundable. Refunds for subscriptions may be considered only within 24 hours of the most recent payment if no account activity has occurred.
Price Changes: We reserve the right to change subscription prices at any time. Changes will apply to future billing cycles after notice is provided.
Taxes: You are responsible for all applicable taxes on payments.

We are not responsible for any issues arising from third-party payment processors, including but not limited to transaction failures or unauthorized charges.

To help learn: In a conservative framework, payments underscore voluntary exchange in a free market. This section ensures clear terms to avoid disputes, encouraging fiscal responsibility and honoring commitments without excessive regulation.

5. Privacy and Data Protection

We respect your privacy and are committed to protecting your personal data. Our practices are detailed in our separate Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to our collection, use, and disclosure of your information as described therein.

In summary:

We collect data such as your name, email, payment information, and usage data to provide services, process payments, and improve the Site.
We use secure methods to store and process data, hosted in the United States.
We do not sell your data to third parties but may share it with service providers (e.g., payment processors) or as required by law.
You have rights to access, correct, or delete your data, subject to legal requirements.
We implement reasonable security measures but cannot guarantee absolute security against breaches.

If you are in a jurisdiction with specific data protection laws (e.g., GDPR), additional rights may apply; please refer to our Privacy Policy.

We do not knowingly collect data from children under 13 without parental consent, in compliance with the Children's Online Privacy Protection Act (COPPA).

Learning note: Conservatism prioritizes individual privacy against unwarranted intrusion, especially by government. This clause limits data sharing to essentials, promoting self-determination and protection from overreach while being transparent to build trust.

6. Podcast Content Disclaimers

Our podcasts feature hosts, guests, and contributors expressing their views and opinions. These opinions are solely those of the individuals and do not necessarily reflect the views, opinions, or positions of the Company, its affiliates, or sponsors. We do not endorse, guarantee, or assume responsibility for the accuracy, completeness, or usefulness of any information, viewpoints, advice, or statements provided in the podcasts.

The content is provided for informational and entertainment purposes only and is not intended as professional advice (e.g., legal, financial, medical). You should consult qualified professionals for specific advice tailored to your situation. Reliance on podcast content is at your own risk.

We make no representations or warranties regarding the content's suitability, reliability, availability, timeliness, or accuracy.

To help learn: This disclaimer upholds free speech, a conservative cornerstone, by allowing diverse opinions without company liability. It encourages personal discernment, aligning with values of individual liberty and skepticism toward centralized authority.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE SITE IS 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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Learning note: Limiting liability protects businesses from frivolous lawsuits, fostering economic growth—a key conservative goal. It shifts responsibility to users, encouraging prudence and reducing the burden on courts and society.

8. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (1) your violation of these Terms; (2) your use of the Site; (3) any content you submit or transmit through the Site; or (4) your violation of any third-party rights, including intellectual property rights.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

To help learn: Indemnification ensures users bear the costs of their actions, embodying conservative principles of accountability and deterring irresponsible behavior that could harm others or the community.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict of law principles.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal or state courts located in Fort Wayne, Indiana. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

We encourage informal resolution of disputes. Before filing a claim, you agree to contact us to attempt resolution.

Learning note: Choosing governing law provides certainty, supporting stable business environments valued in conservatism. It avoids chaotic multi-jurisdictional issues, promoting efficiency and respect for state sovereignty.

10. Miscellaneous

These Terms constitute the entire agreement between you and us regarding the Site. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force.

Our failure to enforce any right or provision will not be considered a waiver of those rights.

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.