WEBSITE TERMS AND CONDITIONS OF USE
USER’S ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
Terms of Use
These Terms of Use ("Terms and Conditions of Use" or "Agreement") shall serve as an agreement that sets forth the terms and conditions that will govern your use of this website (the “Site”) offered by FIREFIGHTER TOOLBOX LLC (“Firefighter Toolbox," "we," "us" or "our").
By accessing the Site, you hereby confirm your acceptance of these Terms of Use and your intent and agreement to be bound by them. This agreement is intended to be fully effective and binding on you and on us. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE THE CONSENT OF A PARENT OR GUARDIAN BEFORE YOU PROCEED TO USE THIS SITE.
FIREFIGHTER TOOLBOX LLC,(“Us” or “We”), provides the Firefighter Toolbox site (shop.firefightertoolbox.com) and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, ANY CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND ANY CONTENT OR INFORMATION YOU’VE RECEIVED. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
Each product or service has, or will have, its own refund or return policy. Please refer to the individual product or service terms and policies for more information.
We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
SECURITY
The security of your personal information is important to us. We follow reasonable standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. For more information on how we protect and use your personal information, see our Privacy Policy.
DESCRIPTION OF SERVICES
We make various services available on this site including, but not limited to, books, coins, apparel, audio programs, articles, courses, online programs, info products, individual and group coaching, consulting, digital downloads, videos, and other like products and services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then current services on this site shall also be subject to these Terms of Use.
REGISTRATION DATA AND PRIVACY
In order to access some of the services on this site, you may be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
CONDUCT ON SITE
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, blog comments, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information that:
a. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, blog comments, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
THIRD PARTY SITES AND INFORMATION
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
AFFILIATE DISCLOSURE
FIREFIGHTER TOOLBOX LLC may earn commissions from products or services reviewed or mentioned in blog posts as well as posted on other site pages. FIREFIGHTER TOOLBOX LLC earns money by using affiliate links to other sites that pay a referral commission.
Please refer to the Affiliate's Privacy Policy and other Terms of Use. Once you have clicked through to an affiliate's site, our policies and Terms of Use no longer apply. We cannot guarantee or be held responsible for any information or products and services you may find on an affiliate's site.
The opinions expressed here are those of FIREFIGHTER TOOLBOX LLC or an approved representative and are not necessarily the opinions or views of any Affiliates. We only recommend products and services that we use, reccommend or have thoroughly researched.
INTELLECTUAL PROPERTY INFORMATION
Copyright ©2018 FIREFIGHTER TOOLBOX LLC. All Rights Reserved. Text, images, graphics and HTML code are protected by U.S. and international copyright laws.
For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of FIREFIGHTER TOOLBOX LLC and/or its affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
The following are registered trademarks, common law and/or statutory trademarks or service marks of FIREFIGHTER TOOLBOX LLC or its affiliates:
shop.firefightertoolbox.com,
FIREFIGHTER TOOLBOX,
Building better Firefighters and Leaders,
David Soler,
Firefighter Functional Fitness,
The Essential Guide to Optimal Firefighter Performance and Longevity,
Firefighter Preplan,
The Ultimate Guidebook for Thriving as a Firefighter,
Iron Sharpens Iron, like one firefighter sharpens another; and
Any new programs, products or services developed and used on the site in the future.
All custom graphics, icons, logos and service names are registered trademarks, common law and/or statutory trademarks or service marks of FIREFIGHTER TOOLBOX LLC or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of FIREFIGHTER TOOLBOX LLC or its affiliates.
UNAUTHORIZED USE OF MATERIALS
Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes their copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Firefighter Toolbox LLC
Attn: Legal Dept.
Email: support@firefightertoolbox.com
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
USE OF RECORDINGS
Please note that coaching calls, webinars, or other audio or visual services may be recorded and can be used in the future by FIREFIGHTER TOOLBOX LLC for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to support@firefightertoolbox.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. NEITHER WE, NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OR EMPLOYEES, AGENTS, NOR ANY OF OUR ASSOCIATES, WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE OR ANY OF OUR ASSOCIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR USER CONTENT DESCRIBED ON THE SITE.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, OUR SITE, OUR SERVICES, OUR INFORMATION AND USER CONTENT PROVIDED AND/OR MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS," “AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE, THE INFORMATION CONTAINED ON THIS SITE, THE USER CONTENT PROVIDED AND/OR MADE AVAILABLE ON THE SITE, AND ANY MATERIAL OR PRODUCT DESCRIPTIONS ON THE SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY US OR ASSOCIATES SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING OUR SITE OR OUR INFORMATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR SITE OR INFORMATION, OR USE OF THE MATERIALS AND/OR PRODUCTS OFFERE ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION, SERVICES AND/OR USER CONTENT OBTAINED OR REVIEWED FROM OR ON OUR SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INFORMATION, AND SERVICES THAT ARE AVAILABLE THROUGH OUR SITE.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunity to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
WE DO NOT WARRANT THAT THE MATERIALS, INFORMATION, OR CONTENT INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, CURRENT OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF WARRANTIES, SO IF PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER SHALL NOT APPLY TO YOU.
GOVERNING LAW; JURISDICTION; WAIVER OF JURY TRIAL
By visiting the Site, using the services offered on the Site, and/or submitting and/or posting content on the Site, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. Any dispute relating in any way to your visit to the Site, using the services offered on the Site and/or submitting and/or posting content on the Site, shall be adjudicated in any state court in New Castle County, Delaware, or any federal court in the District of Delaware and you and we consent to exclusive jurisdiction and venue in such courts and waive any and all claims of inconvenient forum and immunity. YOU AND WE EXPRESSLY AGREE HEREBY, TO THE FULLEST EXTENT PERMITTED BY LAW TO WAIVE THE RIGHT TO A TRIAL BY JURY.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized FIREFIGHTER TOOLBOX LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site, if applicable, for further information, which policies are incorporated by reference into these Terms of Use.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO PROFESSIONAL ADVICE
The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors, affiliates, or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through this Site. Neither we nor our partners, nor any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
The statements made on this Site are for informational purposes only and solely the opinion of the author/speaker and in no way should be construed as professional advice.
You alone are responsible and accountable for your decisions, actions, and results in life, and by your use of this Site, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
NO MEDICAL ADVICE
The content of this site is for informational purposes only. It is not intended as a substitute for professional medical or psychological advice, diagnosis, or treatment. Always seek the advice of your physician, psychologist, professional, or other qualified health provider with any questions you may have regarding a medical or emotional condition. Never disregard professional medical advice or delay in seeking it because of content found on this or any other website.
If you have a medical emergency, call your physician/therapist or 911 immediately. We do not recommend or endorse any specific third-party tests, physicians, products, procedures, opinions, or other information found on the website. Reliance on any information provided by FIREFIGHTER TOOLBOX LLC, its employees, others appearing on the website at our invitation, or other visitors to the website is solely at your own risk.
Please do not use this content to diagnose or develop a treatment plan for a health problem or disease without consulting a qualified healthcare provider.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ASSOCIATE WEBSITES
Our Site may be affiliated with other web sites. We may provide links to and from these sites for your convenience. If you decide to access any of these sites from this Site, you agree that you do so entirely at your own risk. Neither we nor our associates are responsible for any information and content on such sites and we make no representations or warranties with respect to the privacy policies and terms of use of such sites. You should review those sites’ terms of use and privacy policies.
LINKING TO THIS SITE
Creating or maintaining any link from another site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rules and regulations.
COMPLIANCE WITH LAWS AND EXPORT REGULATIONS
You agree to use the Site in compliance with all applicable laws, rules and regulations and in a manner that does not, in our sole judgment, negatively reflect on the goodwill or reputation of us or any of our associates.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content, including without limitation any Third Party Content, or any content that we may post, or content otherwise derived from the Site to either a foreign national or a foreign destination in violation of such laws.
INDEMNIFICATION
As a condition of use of this Site and/or using the services, accessing information on the Site, and/or your submission of content and/or posting your content on the Site, you agree to indemnify and hold harmless us and our Associates from and against any and all liabilities, expenses (including attorneys' fees and costs) and damages arising out of any and all direct or indirect claims resulting from or relating to your use of this Site, including your posting of content on the Site, your use of the Services, Materials and/or Products offered on the Site, including without limitation, any claims alleging facts that if true would constitute a breach by you of this Agreement. You agree that you will be responsible for any damages resulting from any violation of this Agreement. This indemnity is in addition to, and not in lieu of, other indemnity obligations stated herein.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
SECURITY AND PASSWORD
You are solely responsible for maintaining the confidentiality of your password and account, if applicable, and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
PARTICIPATION IN PROMOTIONS
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
EMAIL, MESSAGING, BLOGGING, AND CHAT SERVICES
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We may make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as otherwise required by law or by court or governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
INTERNATIONAL USE
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
TERMINATION OF USE
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
GOVERNING LAW
This Site (excluding any linked sites) is controlled by us from our offices within the State of North Carolina, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this site both of us agree that the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of Delaware with respect to such matters.
NOTICES
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Legal Dept. at support@firefightertoolbox.com (by email). Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
INFRINGING MATERIAL
If you believe that any content or materials on the Site infringes upon any copyright that you own or control, you shall provide written notice to the Designated Agent set forth below:
Firefighter Toolbox LLC
Attn: Legal Department
E-mail: support@FirefighterToolbox.com
The Digital Millennium Copyright Act requires that such notification must be in writing and include all of the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the material that is claimed to have been infringed or, if multiple copyrighted works of a single online site are covered by a single notification, a representative list of such works on the Site.
(iii) Identification of the material that is claimed to be infringing 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 SUCCESS to locate the material.
(iv) Information reasonably sufficient to permit SUCCESS to contact the complaining party, such as an address, telephone number and if, available, an electronic mail address at which the complaining party may be contacted.
(v) 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.
(vi) 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 being infringed.
SITE POLICIES, MODIFICATION, and SEVERABILITY
The terms of this Agreement and the other policies posted on this Site govern your use of the Site, the services offered on the Site, and your submission of and posting content to the Site. We reserve the right to make changes to our site, policies, and this Agreement at any time. You agree that you are responsible to review this Agreement and these Terms of Use from time to time. Once posted herein and on the Site, revised terms become effective 24 hours after posting. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
ENFORCEMENT AND DISPUTE RESOLUTION
Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of North Carolina and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in North Carolina; and (iv) the parties will submit the dispute to mandatory mediation held in North Carolina or through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Superior Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees. Every mediation will be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute via any process, including litigation by trial.
ASSIGNMENT OF RIGHTS
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.
NON-DELIVERY OR DELAY
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
NO WAIVER
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Further, no waiver of any provision or breach hereof is a waiver of any other provision or breach. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended.
SECTION HEADINGS
The section headings in this Agreement are for convenience only and must not be given any legal import.
REMEDIES CUMULATIVE
All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
ELECTRONIC COMMUNICATIONS
When you visit the website or send emails to FIREFIGHTER TOOLBOX LLC, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CONTACT INFORMATION
Except as explicitly noted on this site, the services available through this site are offered by FIREFIGHTER TOOLBOX LLC. If you notice that any user is violating these Terms of Use, please contact us using the following link:
Last modified January 5, 2018
