FIRE4 SYSTEMS INC. Terms and Conditions of Use
Please read these Terms and Conditions of use very carefully.
By accessing www.fire4.com (the "Site") as a User you indicate your acceptance of these Terms and Conditions of use. The following Terms and Conditions of Use apply to all users of the FIRE4 SYSTEMS INC. website and constitute a legal agreement between you, on the one hand, and FIRE4 SYSTEMS INC., on the other hand. By using the FIRE4 SYSTEMS INC. Site you represent and warrant that: you have read, understood and agree to be bound by the Terms and Conditions of Use, and these Terms and Conditions of Use are a valid, legal and binding obligation, enforceable in accordance with its terms.
If you do not agree to these Terms and Conditions of Use, you cannot use the Site.
FIRE4 SYSTEMS INC. may amend these Terms and Conditions of Use from time to time without notice. The amendments will be posted on the FIRE4 SYSTEMS INC. web site and will become effective upon posting. Your continued use of the Site after posting shall constitute your acceptance of and agreement to be bound by the amended Terms and Conditions of Use.
Please review these Terms and revisions whenever you access the Site.
Unless otherwise expressly stated, FIRE4 SYSTEMS INC. owns and has the exclusive right to the Site and Content. Third party names and trademarks are exclusively owned by, and appear with the permission of, their respective owners. We respect intellectual property rights and any party who believes any portion of the Site infringes its rights under copyright law is encouraged to notify us immediately and we will make the requested changes to our Site.
You acknowledge that all information published in the FIRE4 SYSTEMS INC. web site, including, without limitation, technical information, specifications, designs, drawings, processes, engineering and manufacturing information, descriptions and characterizations of products, published on the FIRE4 SYSTEMS INC. web site (collectively, the "Information") is protected in the United States and internationally by a variety of laws including, without limitation, copyright laws, trademark laws, patent laws and other proprietary rights laws. Accordingly, any unauthorized use of any such Information may violate any of such or other laws. The Information is provided by FIRE4 SYSTEMS INC. as an accommodation to its customers, and may be used by you only to promote your purchase of products from FIRE4 SYSTEMS INC. (the "Purpose"). This is a license, not a transfer of title.
You acknowledge that there may be situations where the Information is subject to change, qualifications, variations, adjustments or modifications without notice. Moreover, you acknowledge and agree that the Site and the Information contained thereon may contain errors, omissions, inaccuracies, mistakes or deficiencies. Accordingly, you hereby acknowledge and agree that these risks and exposures exist while utilizing this Site, that your use of this Site is subject to such risks and exposures, and that FIRE4 SYSTEMS INC. will have no liability on account of any of the foregoing, and that this Site should be used as a guideline only.
You may not: (a) modify, distribute, publish or transmit the Information for any public or commercial purpose; (b) reproduce the Information in any form, or by any means, without prior written permission from FIRE4 SYSTEMS INC.; (c) reverse-engineer, de-compile or disassemble any FIRE4 SYSTEMS INC. software; (d) remove any copyright or other proprietary notices from the Information on the Site or on any copy authorized by FIRE4 SYSTEMS INC.; (e) transfer the Information to another entity or person; (f) allow or permit access to or use of the Site or any component thereof by any unauthorized third parties or for any unlawful purpose; (g) engage in any conduct that in FIRE4 SYSTEMS INC’ s sole and absolute discretion, restricts, inhibits or impacts any other authorized user from using the Site; (h) engage in any activities or practices that disrupt, circumvent or otherwise interfere with the operation of the Site; or (i) perform any act or omission that would violate these Terms and Conditions of Use.
Without limiting FIRE4 SYSTEMS INC’ s rights, FIRE4 SYSTEMS INC. may terminate this license at any time if you are in breach of these Terms and Conditions of Use. FIRE4 SYSTEMS INC. makes no representations or warranties as to whether FIRE4 SYSTEMS INC. products are free from claims of third parties regarding infringement or the like.
Confidentiality of Site Information
You acknowledge that the Information contained in the FIRE4 SYSTEMS INC. web site is confidential and proprietary to FIRE4 SYSTEMS INC. and you agree: (a) not to reveal, report, publish, copy, disclose or transfer Information to any third party, without FIRE4 SYSTEMS INC’ s prior written consent, or permit any third party to examine and/or make copies of any of the Information; (b) not to use or copy the Information for any purpose except the Purpose, for your own use or benefit or the benefit of others; or to compete with FIRE4 SYSTEMS INC. or otherwise use the Information in any way directly or indirectly detrimental to FIRE4 SYSTEMS INC.; (c) to hold the Information in strict confidence and to take all reasonable precautions to protect the Information. You acknowledge and agree that the Information is proprietary to and is the sole and exclusive property of FIRE4 SYSTEMS INC. and that you have no right, title or interest therein. You acknowledge and agree that the Information is a trade secret and is not readily accessible to competitors of FIRE4 SYSTEMS INC. and that such Information has been acquired and assembled at significant expenditures of time and other resources. You additionally acknowledge and agree that such Information: (a) provides FIRE4 SYSTEMS INC. with a competitive advantage over those who do not know or use it; (b) is kept in a safe place and FIRE4 SYSTEMS INC. has taken and is taking all reasonable precautions to protect the secrecy of the Information and FIRE4 SYSTEMS INC.’s legitimate interest in the Information; (c) would be difficult for competitors of FIRE4 SYSTEMS INC. or others to duplicate; and (d) may be used by FIRE4 SYSTEMS INC. in any manner it determines in order to aid in the marketing, sales and distribution of its products.
Your sole right regarding the Site is a limited, revocable, non-exclusive, and non-transferable license (the "Limited License") to access the Site ( "Permitted Uses"). Any use of the Site, its content ("Content"), or any materials linked to the Site, is entirely at your own risk.
For the well being of the Site and all Users, we require that you use the Site or Content only as these Terms specifically allow and respect the Site and Users by not introducing any content that (a) is offensive, (b) violates any third party’s rights, or (c) is likely to disrupt the Site, such as a computer virus; provide accurate, complete information to FIRE4 SYSTEMS INC. (and notify us of changes within 14 days); keep confidential, and take full responsibility for, any password we issue you; and abide by all applicable laws.
Any breach of these Terms, or use other than a Permitted Use, terminates the Limited License. We may also require the breaching User to indemnify and hold harmless FIRE4 SYSTEMS INC. and its affiliates (and their respective shareholders, directors, officers and employees) from and against any related losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs).
These Terms supersede any other understandings between us regarding the Site. In the event of any inconsistency between these Terms and any other document, these Terms prevail. Each provision is separate, and if any provision is held invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The waiver or failure of a party to exercise any right in these Terms shall not be deemed a waiver of any other or subsequent right.
All Information relating to descriptions and characterizations of products and all specifications, designs and related technical documents contained on the FIRE4 SYSTEMS INC. Web Site (collectively, "Technical Data") are provided solely for purposes of identifying the products in question and for illustrative purposes, and do not constitute a warranty that the products will conform to such Technical Data nor that the products will perform in accordance with such Technical Data in your products or systems, and FIRE4 SYSTEMS INC. hereby waives any and all liability in connection therewith. Accordingly, incorporation of our products in the design of your systems is at your, and your company’s, own risk and pursuant to your own qualification tests and analysis.
USERS BROWSE AND USE THIS SITE AND INFORMATION CONTAINED HEREIN AT THEIR OWN RISK.
FIRE4 SYSTEMS INC. MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE, CONTENT, OR ANY LINKED MATERIAL. THEY ARE PROVIDED "AS IS," AND YOU ASSUME ALL RISK OF USE. FIRE4 SYSTEMS INC. MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT'S QUALITY OR PERFORMANCE. EACH PRODUCT IS PROVIDED "AS IS," AND THE CUSTOMER ASSUMES THE ENTIRE RISK OF ANY PRODUCT’S QUALITY OR PERFORMANCE.
FIRE4 SYSTEMS INC. DISCLAIMS ALL STATUTORY, EXPRESS, AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
THE INFORMATION CONTAINED IN THE FIRE4 SYSTEMS INC. WEB SITE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, ALL OF WHICH ARE HEREBY WAIVED.
FIRE4 SYSTEMS INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES CONCERNING INFRINGEMENT OR THE LIKE.
FIRE4 SYSTEMS INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED HEREIN.
FIRE4 SYSTEMS INC. CANNOT GUARANTEE OR WARRANT THAT THE SITE IS FREE OF COMPUTER VIRUSES, AND OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR HARMFUL COMPONENTS. FIRE4 SYSTEMS INC. CANNOT GUARANTEE OR WARRANT THAT THIS SITE IS FREE OF SAME WHEN IT IS DOWNLOADED BY A USER, NOR DOES IT MAKE ANY SUCH REPRESENTATION OR WARRANTY, AND SAME ARE HEREBY WAIVED.
INFORMATION CONTAINED IN THIS SITE IS PROVIDED WITH THE EXPRESS UNDERSTANDING THAT FIRE4 SYSTEMS INC. IS NOT RENDERING TECHNICAL OR PROFESSIONAL ADVICE OR OPINIONS ON SPECIFIC FACTS AND MATTERS AND, ACCORDINGLY, FIRE4 SYSTEMS INC. ASSUMES NO LIABILITY IN CONNECTION WITH THE USE OF THIS SITE OR THE INFORMATION.
THIS LIMITATION OF LIABILITY WILL APPLY TO ANY CLAIM WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER FIRE4 SYSTEMS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT ANY TERM OF ANY AGREEMENT BETWEEN YOU AND FIRE4 SYSTEMS INC. IS FOUND UNCONSCIONABLE OR UNENFORCEABLE FOR ANY REASON, THIS PROVISION OF WAIVER BY AGREEMENT OF CONSEQUENTIAL DAMAGES SHALL NEVERTHELESS CONTINUE IN FULL FORCE AND EFFECT.
YOUR SOLE REMEDY FOR ANY DISSATISFACTION IS TO STOP USING THE SITE, CONTENT, AND/OR LINKED SITE.
FIRE4 SYSTEMS INC. warrants all Products against defects in materials and workmanship for a period of one (1) year from the date of original purchase. If a defect is reported to FIRE4 by a Customer during the warranty period, FIRE4 at its option will either repair (using new or remanufactured parts) or replace (with a new or remanufactured unit) the Product at no charge. The Customer is responsible for returning the defective Product to FIRE4. If the defect is found to be covered under this limited warranty, FIRE4 will pay to ship the repaired or replaced unit back to the Customer. If it is not warranty-related, the Customer will be responsible for return shipment. The Customer agrees the foregoing constitutes the Customer’s sole and exclusive warranty and remedy for breach by FIRE4 of any warranties. The warranty will not apply to the Product if it has been damaged by misuse, alteration, accident, improper handling or operation, or if unauthorized repairs are attempted or made.
Limitation of Liability
THE LIMITED WARRANTY SET FORTH ABOVE IS THE CUSTOMER’S SOLE REMEDY WITH REGARD TO PRODUCTS. SUCH WARRANTY AND THE DISCLAIMER SET FORTH ABOVE ARE EXCLUSIVE AND REPLACE ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. NO FIRE4 SYSTEMS INC. DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION OR ADDITION.
IN NO EVENT WILL FIRE4 SYSTEMS INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFIT, EVEN IF FIRE4 SYSTEMS INC. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
IN NO EVENT SHALL FIRE4 SYSTEMS INC.’ s LIABILITY TO CUSTOMER FOR DAMAGES OF ANY NATURE EXCEED THE AMOUNT PAID BY THE CUSTOMER TO FIRE4 SYSTEMS INC. FOR PRODUCTS DURING THE THREE (3) MONTHS PRIOR TO THE EVENT CAUSING THE CLAIM, IF THE LIABILITY RESULTS THEREFROM.
Taxes and Other Charges
FIRE4 SYSTEMS INC. shall charge and withhold the applicable Florida State sales tax for orders to be delivered to addresses within Florida. The customer shall be solely responsible for all taxes, duties, customs, levies or other governmental charges, however characterized, and for any brokerage.
The customer is solely responsible for all shipping costs.
FIRE4 SYSTEMS INC. will make all reasonable efforts to address technical problems with Products if the Customer emails FIRE4 SYSTEMS INC. with a description of the problem in sufficient detail that enables FIRE4 SYSTEMS INC. to replicate the problem and investigate a possible solution to the problem.
Any trademarks, logos, slogans, product designations and service marks (collectively "Marks") displayed on the FIRE4 SYSTEMS INC. web site are the property of FIRE4 SYSTEMS INC. or other third parties affiliated with FIRE4. You are not permitted to use these Marks without the prior written consent of FIRE4 SYSTEMS INC. or such third party which may own the Mark. This Site may contain information and disclosures of products, methods or other technology, which may be the subject of intellectual property protection owned by FIRE4 SYSTEMS INC. or other third party. Notwithstanding anything to the contrary herein contained, nothing on this Site is to be construed as granting any license whatsoever, by implication or otherwise, to any intellectual property. Any unauthorized access or attempted access to any password protected information on this Site or any attempt to circumvent access restrictions or any other security measures is expressly prohibited.
Links to Third Party Sites
The FIRE4 SYSTEMS INC. web site contains links to other third party websites ("Third Party Sites"). FIRE4 SYSTEMS INC. makes no representations about any Third Party Sites or the content thereof that is accessed through this Site. You acknowledge that FIRE4 SYSTEMS INC. has not reviewed all of these Third Party Sites, has no control over such Third Party Sites or the content thereof, and is not responsible for any of these sites or their content. Accordingly, you acknowledge and agree that access to any Third Party Site is at your own risk and FIRE4 SYSTEMS INC. shall have no liability therefore. FIRE4 SYSTEMS INC. is not responsible for the accuracy, reliability or completeness of any information, data, opinions, advice or statements made on these Third Party Sites. FIRE4 SYSTEMS INC. shall not be liable for any damages or injury arising out of or relating to the content of any Third Party Site or your use thereof, and same are hereby waived. FIRE4 SYSTEMS INC. provides these links merely as a convenience and the inclusion of such links does not imply an endorsement, sponsorship or recommendation by FIRE4 SYSTEMS INC. of anything contained on Third Party Sites, or its products or services. FIRE4 SYSTEMS INC. reserves the right to terminate any link at any time.
Moreover, a Third Party Site may provide a link to this Site ("Links"). This does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with FIRE4 SYSTEMS INC. FIRE4 SYSTEMS INC. may not be aware that a third party has linked to this Site. You acknowledge and agree that FIRE4 SYSTEMS INC. shall not be liable for any damages or injury arising out of or relating to your use of this Site resulting from a Link to this Site from a Third Party Site, and same are hereby waived.
FIRE4 SYSTEMS INC. cannot guarantee that any of the Third Party Sites or Links will be free from any computer viruses, or any other damaging computer programming routines or harmful components. Moreover, FIRE4 SYSTEMS INC. does not make, and you hereby expressly waive, any and all representations and warranties with respect to the availability, use, accuracy, reliability, or the results of the use of, the Third Party Sites and the Links and same are hereby waived. Accordingly, FIRE4 SYSTEMS INC. hereby disclaims all warranties, express or implied, arising by operation of law or otherwise, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and warranties concerning infringement or the like, all of which are hereby waived.
To access certain information on this Site, you may need to download such information onto your own computer. You acknowledge and agree that your right to download information from this Site is strictly limited to the Purpose and for no other purpose whatsoever. Information which is downloaded may only be displayed by you for the Purpose, provided it is not modified in any way and that all notices are maintained without change including, without limitation, copyright notices. FIRE4 SYSTEMS INC. is not responsible for the completeness, accuracy and reliability of Technical Data downloaded onto your computer or the use of such Information. You also acknowledge and agree that any Information downloaded from this Site is done at your own discretion and risk and you are solely responsible for any loss of data or damage to your computer that may result from the download of such information.
Export and Import Compliance
The customer is solely responsible for complying with all applicable laws and orders pertaining to the export and import of any products.
These Terms supersede any other agreements or understandings between the parties with respect to Products. In the event of any inconsistency between these Terms and any purchase order or other document, these Terms shall prevail. Any amendment to these Terms shall be in writing and signed by a duly authorized officer of FIRE4 SYSTEMS INC. and Customer.
Validity of Agreement; Waiver
Each provision of these Terms shall be viewed as separate. If any provision is held to be invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The waiver or failure of either party to exercise any rights in these Terms shall not be deemed a waiver of any other or subsequent right.
FIRE4 SYSTEMS INC. welcomes customers to communicate through the FIRE4 SYSTEMS INC. Site, either via email or using the customer communications form. Any text, messages, or other information in whatever form provide by a customer (collectively, "Submissions"), becomes the property of FIRE4 SYSTEMS INC. and may be used at the sole discretion of FIRE4 SYSTEMS INC.
The FIRE4 SYSTEMS INC. Site is operated from the USA. We make no representation that the Site is appropriate or available outside the United States. Access from locations where the Site or Content may be illegal is prohibited.
Choice of Law; Dispute Resolution
These Terms are governed by Florida law with exclusive jurisdiction in Miami Dade County. The prevailing party in any action or arbitration is entitled to reasonable attorneys’ fees and costs. Any dispute shall be resolved by binding arbitration in Miami Dade County, Florida, under the rules of the American Arbitration Association, other than any dispute regarding a party’s intellectual property rights.
|Copyright © Fire4 Systems Inc., 2004-2015. All rights Reserved|