Free Spirited Insiders Terms
As a Free Spirited Insider, you gain access to exclusive benefits that allow you to purchase our products at a significant discount compared to our retail prices. The membership is designed to provide significant savings and special access to our latest products and promotions. For a monthly fee of $24.95, members can enjoy:
- Purchasing products at extreme discounts, up to 60% off our other retail locations like Etsy.
- Early access to new products and the ability to vote on future designs.
- Exclusive member-only promotions and discounts.
Special offers and deals available only to members.
The membership fee for Free Spirited Insiders is $24.95 per month. This fee will be charged automatically to your preferred payment method on a recurring monthly basis. By subscribing to the membership, you authorize Shop Free Spirited to charge your payment method on a monthly basis until you cancel the membership.
Cancellation Policy:
You may cancel your subscription at any time by contacting our customer service team at support@shopfreespirited.com, calling us at 252-597-9371, or using the one-click cancellation option after logging into our membership portal HERE. To avoid being charged for the next billing cycle, you must cancel your subscription at least 7 days before your next billing date. If you cancel after your subscription has renewed, you will not be eligible for a refund for that billing cycle, but your subscription will not renew thereafter.
Automatic Renewal of Subscriptions:
By purchasing a subscription service (including memberships, recurring product deliveries, or any other recurring services) from Free Spirited, you agree to an initial and recurring payment, and you accept responsibility for all recurring charges until you cancel your subscription. Your subscription will automatically renew at the end of each billing cycle unless you cancel your subscription prior to the end of the current billing cycle.
Billing Cycle:
The billing cycle for your subscription will be indicated at the time of your initial purchase and in the confirmation email you receive after your purchase. Your payment method on file will be automatically charged at the beginning of each billing cycle for the total subscription price, plus any applicable taxes, unless you cancel your subscription.
Price Changes:
We reserve the right to adjust pricing for our subscription services at any time as we may determine in our sole discretion. Any price changes will take effect at the start of the next billing cycle following the date of the price change. We will notify you in advance of any changes to your subscription pricing.
Renewal Reminders:
We may, but are not obligated to, send you a reminder email before your subscription renews. It is your responsibility to keep track of your subscription’s renewal date and ensure that your payment method is current.
Failed Payments:
If your payment method on file is declined or otherwise fails, we may attempt to process the payment again. If the payment continues to fail, we may cancel your subscription at our discretion. You will remain responsible for any unpaid amounts.
Refunds:
Subscription charges are non-refundable, except in the case of an error on our part. If you believe you were charged in error, please contact our customer service team at support@shopfreespirited.com within 7 days of the charge for assistance.
Termination by Free Spirited:
Free Spirited reserves the right to terminate your subscription at any time without notice if we believe you have violated these Terms of Service or any applicable law. If we terminate your subscription, you will not be entitled to a refund for any remaining portion of your subscription.
Membership Cancellation:
You have the right to cancel your Free Spirited Insiders membership at any time. To cancel, please contact our customer service team through the methods provided on our Site or through our contact form.
You may also email us at support@shopfreespirited.com, use the one-click cancellation option after logging into our membership portal HERE, message us through our Facebook page, or call us at (252) 597-9371. We are happy to help!
Upon cancellation, you will no longer be charged the monthly fee, and your membership benefits will be terminated immediately. Please note that we usually provide refunds, but it is at our discretion and up to us.
Membership Changes:
Shop Free Spirited reserves the right to modify the terms and conditions of the Free Spirited Insiders membership at any time. Any changes will be communicated to members via email and will be effective immediately upon posting on our Site. It is your responsibility to review the Terms regularly to stay informed of any updates. Continued use of the membership after any changes signifies your acceptance of the new terms.
Disclaimer of Warranties:
Shop Free Spirited provides the membership on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the membership or the information, content, materials, or products included in the membership benefits. To the full extent permissible by applicable law, Shop Free Spirited disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Membership Limitation of Liability:
Shop Free Spirited is not liable for any damages that may arise from the use or inability to use the membership benefits. This includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages. By becoming a Free Spirited Insider, you agree that the membership is provided without any warranties of any kind, either express or implied.
Indemnification:
You agree to indemnify, defend, and hold harmless Shop Free Spirited, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the membership, violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
Dispute Resolution and Arbitration:
Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms of Service, your use of the website, the Services provided by Free Spirited, or any products purchased through the website, shall be resolved exclusively through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Arbitration Process: The arbitration shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules, as modified by this agreement. The arbitration shall take place in Fort Lauderdale, Florida, or, if both parties agree, remotely via video or telephonic conference.
Selection of Arbitrator: Within ten (10) calendar days after the arbitration demand is served, the parties shall mutually agree on an arbitrator with at least five years of experience in arbitrating commercial disputes and who has knowledge of the subject matter of the dispute. If the parties are unable to agree on an arbitrator within this timeframe, either party may petition the AAA to appoint an arbitrator who satisfies these requirements.
Costs of Arbitration: Each party shall bear its own costs and attorney's fees, except as otherwise required by law or as determined by the arbitrator. The arbitrator shall have the authority to award reasonable attorney's fees to the prevailing party only if expressly provided for by statute or contract.
Authority of Arbitrator: The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable. The arbitrator is empowered to grant any relief that would be available in a court under law or in equity. The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver:
You and Free Spirited agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. This waiver shall apply to the fullest extent permitted by law and shall survive any termination of this agreement.
Exceptions to Arbitration:
Notwithstanding the above, both you and Free Spirited retain the right to seek injunctive or other equitable relief in a state or federal court located in Fort Lauderdale, Florida to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Confidentiality:
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be kept strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This provision shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability:
If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
Survival:
This arbitration agreement will survive the termination of your relationship with Free Spirited.
Governing Law:
These Terms and any dispute or claim arising out of, or related to, them shall be governed by and construed in accordance with the internal laws of the state of Florida without giving effect to any choice or conflict of law provision or rule.
Severability:
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement:
These Terms constitute the sole and entire agreement between you and Shop Free Spirited with respect to the membership and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the membership.
Waiver:
No waiver by Shop Free Spirited of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Shop Free Spirited to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Notices:
All notices required or permitted to be given under these Terms shall be in writing and shall be sent by email to the address provided by the member during registration. Notices sent by email shall be deemed to have been received on the date sent.
Assignment:
Shop Free Spirited may assign its rights and obligations under these Terms to any party at any time without notice to you. You may not assign your rights or obligations under these Terms without the prior written consent of Shop Free Spirited.
Contact Information:
For any questions or concerns regarding the Free Spirited Insiders membership, please contact our customer service team on the website or through our contact form.
You may also email us at support@shopfreespirited.com, message us through our Facebook page, or call us at (252) 597-9371. We are happy to help!
By joining the Free Spirited Insiders membership, you agree to these terms and conditions. If you do not agree with any part of these terms, please do not use or discontinue the use of your membership benefits.