GLOBAL FIRE PROFESSIONALS NETWORK, LLC USER AGREEMENT

The following describes the terms which offers you access to our services.

 

Introduction

Welcome to Global Fire Professionals Network LLC, (referred to hereafter as “Fire Professionals”). Before you use the website and services or list your company on Fire Professionals, you must read and accept all the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. This Agreement is effective immediately upon accepting the terms and conditions below by pressing “I accept” at the bottom of this agreement. For current users, this agreement is presently in effect.

 

Modifications To This Agreement

We reserve the right, at our sole discretion to change, modify, or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

 

Content

You understand that all postings, messages, text, files, images, photos, or other Materials (“Content”) posted on, transmitted through, or linked from Fire Professionals, are the sole responsibility of the person from whom such Content originated. You understand that while we do our best to make sure that the content provided on our site is accurate and appropriate, Fire Professionals does not control, and is not responsible for Content made available through Fire Professionals, and by using Fire Professionals, you may be exposed to Content that is inaccurate, misleading, or otherwise objectionable.

Furthermore, Fire Professionals Service and Content available through the sites may contain links to other website, which are completely independent of Fire Professionals. Fire Professionals makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Fire Professionals be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Fire Professionals does not pre-screen or approve Content, but that Fire Professionals shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the User Agreement or for any other reason.

 

Abuse

Global Fire Professionals Network aims to provide an open platform for people in the fire protection industry to interact, network, and grow your business. Please report problems, offensive content, and policy violations to us at CustomerService@FireProfessionals.Com .

Without limiting other remedies, we may limit, suspend, terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

Third Party Content, Sites, and Service Liability

The Global Fire Professionals Network Site and Content available through the Site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Fire Professionals, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such earnings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Fire Professionals shall not be responsible or liable for any loss or damage of any sort incurred as the result of use of information provided on the website or loss of any kind related to your membership with Fire Professionals. In the event that you have a dispute with one or more other users, you herby release Fire Professionals, its officers, managers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind of nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

 

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at CustomerService@fireprofessionals.com

Please provide us with the following information.

 

PRIVACY AND INFORMATION DISCLOSURE

Fire Professionals has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

 

Privacy Policy

Your use of this website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Fire Professionals may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this agreement; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of its users or the general public.

 

CONDUCT

You agree not to post, email, or otherwise make available Content:

Additionally, you agree not to:

 

PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with this user agreement. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the user agreement.

 

ACCESS TO THE SERVICE

Fire Professionals grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:

A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

Fire Professionals permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the user agreement, absent express permission granted by Fire Professionals to do so. You may also create a hyperlink to the home page of Fire Professionals sites so long as the link does not portray Fire Professionals, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Fire Professionals may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Fire Professionals permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'Fire Professionals' as the source, (d) your use or display does not suggest that Fire Professionals promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden systems. Fire Professionals reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by Fire Professionals immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Fire Professionals.

 

TERMINATION OF SERVICE

You agree that Fire Professionals, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Fire Professionals believes that you have acted inconsistently with the letter or spirit of the user agreement. Further, you agree that Fire Professionals shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Certain sections of this agreement shall survive termination of the user agreement.

 

PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Fire Professionals. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Fire Professionals, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell o exploit for any commercial purposes, any aspect of the Service.

Although Fire Professionals does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Fire Professionals an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Fire Professionals all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

 

Fire Professionals provides a sales lead collection service where sales leads come through our website for listed companies. In an effort to eliminate leads that are clearly spam, each sales lead is reviewed by Fire Professionals before it is sent to the intended recipient for action.


LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL FIRE PROFESSIONALS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FIRE PROFESSIONALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FIRE PROFESSIONALS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FIRE PROFESSIONALS SITE OR THE SERVICE, FROM INABILITY TO USE THE FIRE PROFESSIONALS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FIRE PROFESSIONALS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FIRE PROFESSIONALS SITE OR THE SERVICE OR ANY LINKS ON THE FIRE PROFESSIONALS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR DVERTISED IN CONNECTION WITH THE FIRE PROFESSIONALS SITE OR THE SERVICE OR ANY LINKS ON THE FIRE PROFESSIONALS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

INDEMNITY

You agree to indemnify and hold Fire Professionals, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the user agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.

 

ENTIRE AGREEMENT

The user agreement constitutes the entire agreement between you and Fire Professionals. The user agreement will govern your use of the Service, superseding any prior agreements between you and Fire Professionals. The user agreement and the relationship between you and Fire Professionals shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and Fire Professionals agree to submit to the personal and exclusive jurisdiction of the courts located within Massachusetts. The failure of Fire Professionals to exercise or enforce any right or provision of the user agreement shall not constitute a waiver of such right or provision. If any provision of the user agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the user agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the user agreement must be filed within one (1) year after such claims or cause of action arose or be forever barred.

 

Fees and Services

Access and benefits of Fire Professionals Network site are based upon the membership plan you choose. The fees for this service may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days’ notice by posting the changes on the Sites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. If you are a paid member and wish to cancel your member you may do so within 14 days of joining for a full refund of your membership. Any custom orders or services performed for you which are not part of the yearly membership fees are non refundable and subject to a separate agreement, which includes but is not limited to Special customization for member accounts, banner design, promo items, printing, and any other marketing. services you requested., etc. Cancellations and refund requests need to be submitted via email CustomerService@fireprofessionals.com or in writing to P.O. Box 433, Hingham, Massachusetts 02043. Please make sure you include the following information with your cancellation request: reason for cancellation, contact information, registration details, and address to where refund should be mailed. Any amount that has been paid for but not used from the date of cancellation will be prorated and refunded accordingly.

 

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not:

Take any action that imposes or may impose (in or sole discretion) an unreasonable or disproportionately large load on our infrastructure Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of Fire Professionals and the appropriate third party, a applicable Interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the sites

Bypass or robot exclusion headers or other measures we may use to prevent or restrict access to the Sites

 

Indemnity

You will indemnify and hold us (and our officers, directors agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

 

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

Notices

Except as explicitly stated otherwise, legal notices shall be served on Global Fire Professionals Network’s registered agent. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

 

Resolution of Disputes

If a dispute arises between you and Global Fire Professionals Network, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Global Fire Professionals Network agree that we will resolve any claims or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alsternatives, we strongly encourage you to first contact us directly to seek resolution by email to CustomerService@FireProfessionals.Com . We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternative to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Massachusetts without regard to conflict of law provisions. You agree that any claim or dispute you ma have against Global Fire Professionals Network must be resolved by a court located in Suffolk County, Massachusetts, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit the personal jurisdiction of the courts located within Suffolk, County, Massachusetts for the purpose of litigating all such claims of the disputes. Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on the Sites. Except as stated elsewhere, all amended terms shall automatically be effective 14 days after they are initially posted on the Sites. Additionally, we may notify you through the Sites' message center tools. This Agreement may not be otherwise amended except in writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.

You may report complaints to the Office of Massachusetts Attorney General, Consumer Complaint and Information Section, 1 Ashburton Place, Boston, MA 02108 in writing or by telephone at (617)-727-8400.