FireDepartment.net TERMS OF SERVICE
NOTICE: READ CAREFULLY BEFORE PROCEEDING TO THE WEBSITE
a. The term “Site” means and refers to any one, all, or a combination of the following websites:
b. The term “use” means any access of the Site including, but not limited to, entering, posting, accessing, entering, browsing, crawling, scraping, viewing, reviewing, searching, downloading, displaying, and observing including, but not limited to, the entry, editing, modification, or deletion of personal information.
c. The term “User” means one who engages in the use of the Site, which includes, but is not limited to, any person, persons, or entity who accesses, enters, posts, browses, crawls, scrapes, views, reviews, searches, observes, enters information, edits, or modifies any Content on the Site, downloads, or displays any Content on the Site.
d. The terms “you” and “your” refer to you as a User of the Site.
e. The terms “we”, “us”, “our”, and “FDN” refer to FireDepartment.net and each Site identified under subparagraph 1.a., above.
f. The term “Content” means all of the text, illustrations, code, images, photographs, tables, charts, links, schedules, names, contact information, telephone numbers, audio, video, and all other forms of data or communication on any page of any Site.
g. The term “User Content” means Content that you submit or transmit to or through the Site, such as reviews, compliments, invitations, advice, and information that you display.
h. The terms “FireDepartment.net Content” or “FDN Content” means Content that we enter, display, transmit, or create and make available on the Site.
i. “Third Party Content” means Content that is made available on the Site by parties other than FireDepartment.net or its users, such as data providers who license data for use on the Site.
2. BINDING EFFECT.
a. By entering the Site you agree to be bound by, and abide by, this Agreement, as it may be from time-to-time modified, amended, changed, or updated by FDN at its sole and absolute discretion. In the event this Agreement is modified, amended, changed, or updated by FDN, FDN will make a reasonable attempt to post a notice thereof on the Site; however, it is your responsibility to review this Agreement periodically to determine whether you agree or disagree with any modification, amendment, change or update. If at any time you find the terms and conditions set forth in this Agreement unacceptable, you must immediately leave the Site and cease all use of the Site.
b. By using any one, all, or a combination of the Sites identified under subparagraph 1.a., above, you represent, warrant, covenant, and agree that: (1) you are at least 18 years of age and (2) you have legally entered this site.
4. SITE REGISTRATION.
a. When you are required to open an account to use or access the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time.
b. You agree to notify FDN immediately of any unauthorized use of your account, user name, or password and further agree to waive, release, and forever discharge FDN, and FDN’S affiliates, officers, directors, employees, consultants, agents, attorneys, and representatives, from and against any damage, loss, or liability suffered by you arising out of or relating to any one, all, or a combination of your use, your entry of content, and the unauthorized use of this Site by any person, persons, entity, or entities who have gained access to the Site while using any one, all, or a combination of your account, username, or password, the content of the Site or accuracy of the Content.
c. You further agree to protect, defend (with legal counsel selected by FDN and paid by you), indemnify and hold FDN, and FDN’S affiliates, officers, directors, employees, consultants, agents, attorneys, and representatives harmless from and against any claim of damage, loss, action, cause of action, fee, fines, administrative or legal actions, or liabilities incurred or suffered by FDN, of any type, kind, or nature, that arises at any time, out of either or both of your use of the Site or the unauthorized use of your account, username, or password.
5. USER CONTENT.
a. By your use of the Site, you grant FDN a license to use the materials, information, and Content that you enter or post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Site, you are granting FDN, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of the business conducted by FDN, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, publish, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that FDN may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise properly licensed and authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
b. You agree to agree to protect, defend (with legal counsel selected by FDN and paid by you), indemnify and hold FDN, and FDN’S affiliates, officers, directors, employees, consultants, agents, attorneys, and representatives harmless from and against any claim of damage, loss, action, cause of action, fee, fines, administrative or legal actions, or liabilities incurred or suffered by FDN, of any type, kind, or nature, that arises out of, or is related in any way to, your use, at any time, of the Site including, but not limited to that arising out of any User Content that you place, enter, upload, publish, copy, distribute, transmit, publicly display or perform, reproduce, edit, translate, or reformat on the Site.
c. You understand, acknowledge, and agree that you have elected to enter the Site without reliance upon any promise or representation of any person or persons acting for or on behalf of FDN. You understand, acknowledge, and agree that you have had an adequate opportunity to make whatever investigation or inquiry you may deem necessary or desirable in connection with the subject matter of this Agreement prior to the execution of this Agreement, and that you have read and approved this Agreement with the assistance of legal counsel, or had a reasonable opportunity to do so.
d. This Agreement embodies the entire agreement and understanding between you and FDN and supersedes all prior agreements and understandings relating to the subject matter hereof. No course of prior dealing between the Parties, no usage of the trade, and no parole or extrinsic evidence of any nature shall be used or be relevant to supplement, explain or modify any term used herein. Each party expressly waives the provisions of California Civil Code Section 1654 and agrees that this Agreement should not be deemed prepared or drafted by one party or the other.
6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you. You agree to agree to protect, defend (with legal counsel selected by FDN and paid by you), indemnify and hold FDN, and FDN’S affiliates, officers, directors, employees, consultants, agents, attorneys, and representatives harmless from and against any claim of damage, loss, action, cause of action, fee, fines, administrative or legal actions, or liabilities incurred or suffered by FDN, of any type, kind, or nature, that arises out of, or is related in any way to, your use, at any time, of the Site including, but not limited to, that arising out of any violation, infringement, conversion, use, reproduction, display, uploading, downloading, or publication of User Content in violation of the intellectual property rights of another.
7. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
a. FDN has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. FDN has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of FDN or of a third party, or otherwise violated any intellectual property laws or regulations in FDN’S sole, subjective, and absolute discretion.
b. FDN’S policy is to investigate any allegation of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want to delete, edit, or disable the material in question, you must provide FDN with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FDN to locate the material; (d) information reasonably sufficient to permit FDN to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to FDN’S designated agent at:
8. INAPPROPRIATE CONTENT.
The Site is intended only for the use of fire department personnel, and those interested in obtaining fire department or and only those individuals or entities are allowed to create a profile on the Site. When creating a profile, you must enter the exact information requested. If you do not enter the exact information, your submission will be rejected. You shall not make the following types of Content available, and you agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
a. Is libelous, defamatory, obscene, pornographic, abusive, or threatening;
b. Advocates, solicits, or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
c. Uses the site for commercial or promotional purposes, or advertises or otherwise solicits funds or is a solicitation for goods or services. FDN reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site. FDN reserves the right to edit or delete anything posted to the site that FDN deems, in its sole and absolute discretion, to be inappropriate. FDN intends to cooperate fully with any law enforcement officials or agencies in the investigation of any use in breach of this Agreement or in violation of any applicable laws.
9. ALLEGED VIOLATIONS.
FDN reserves the right, in FDN’S sole, absolute, and subjective discretion, to terminate your use of the Site. You agree that FDN, or its authorized representatives, may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. FDN does not intend to disclose the existence or occurrence of such an investigation unless required by law, but reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, if FDN believes that you have breached any provision of the Agreement, furnished FDN with false or misleading information, or interfered with use of the Site by FDN or by others.
Upon termination of your use of the Site, you must immediately destroy any downloaded and printed materials. You also may not, without our specific permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
11. NO WARRANTIES.
FDN MAKES THE SITE AVAILABLE “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE, LOSS, AND LIABILITY ARISING OUT OF, OR RELATED TO, YOUR USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FDN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FDN DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITED LIABILITY.
FDN’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FDN BE LIABLE FOR DAMAGES, LOSS, OR LIABILITY OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE CONTENT OF THE SITE, YOUR USE OF THE SITE, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY FDN. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
13. AFFILIATED SITES.
FDN has no control over, and no liability for, any third party websites or materials. FDN works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither FDN nor the Site has control over the content and performance of these partner and affiliate sites, FDN makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that FDN makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this Third Party Content, and that, unless expressly provided otherwise, these the terms and conditions of this Agreement shall govern your use of any and all Third Party Content.
14. PROHIBITED USES.
a. FDN imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation:
Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization;
Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
Using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service;
Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by or provided in the Site;
Using the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
Recording, processing, or mining information about other users; or
Using any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content, or accessing, retrieving, or indexing the Site to for purposes of constructing or populating a searchable database.
b. You are also prohibited from engaging in the following activities, or assisting others in engaging in the following activities, in using the Site:
Threatening, stalking, defrauding another person, or inciting, harassing, or advocating the harassment of another person, or otherwise interfering with another user’s use of the Site;
Using the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
Using the Site to promote bigotry or discrimination; or
Using the Site to solicit personal information from minors or to harm or threaten to cause harm to minors.
c. Any violation of system or network security may subject you to civil and/or criminal liability.
16. GOVERNING LAW.
In any dispute with us, your sole remedy is to stop using your account and cancel your account. This includes, but is not limited to, any dispute related to, or arising out of:
(3) your ability to access or use the services of the web site; and
(4) the content available on the web site or any change in the content of the web site.
18. SEVERABILITY; WAIVER.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
20. NO LICENSE.
Nothing contained on the Site shall be construed or interpreted as granting you a license to use any of the trademarks, service marks, logos, or any other items of intellectual property owned by FDN or by any third party.
21. CALIFORNIA USE ONLY.
The Site is controlled and operated from its offices in the State of California. FDN makes no representation that any of the materials or the services to which you have been given access is available or appropriate for use in other locations. Your use of, or access to, the Site should not be construed as FDN purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
FDN may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the Site; and (c) discontinue the Site at any time. FDN shall make a reasonable attempt to post any revision to this Agreement; provided, however, that all revision shall be effective immediately when made irrespective of whether the revisions have been posted. You agree to periodically review this Agreement and other online policies posted on the Site to confirm that you are willing to continue to abide by this Agreement subject to all such revision. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
23. ACKNOWLEDGEMENT. BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, FULLY UNDERSTAND THIS AGREEMENT, AND AGREE TO BE BOUND BY THESE TERMS.
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