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Terms & Conditions

Welcome to the first-spear.com website (the “Site”) provided to you by FirstSpear, LLC (also referred to as “FirstSpear”, “we”, “our”, and “us”). In order to use our Site you must comply with these Terms of Use (“Terms of Use”). These Terms of Use apply to all users of the Site (“user”, “you” or “your). Please read these Terms of Use carefully, along with the other information referred or linked to in these Terms of Use and be sure you understand the terms and conditions governing your use of this Site. From time to time, we may unilaterally modify these Terms of Use so it is important that you check these Terms of Use every time you use the Site. By continuing to use this Site, you accept these Terms of Use, including any modifications made as of the date of your use. We also have a Privacy Policy which you should read and may access by clicking on the following link - Privacy Statement.

Use Restrictions
You agree that you will not: (a) use this Site for any commercial or political purpose, or for any purpose that is unlawful or prohibited by these Terms of Use; (b) monitor, gather, or copy content or trademarks on this Site by using any robot, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any trademarks; (e) engage in any activities through or in connection with this Site that seek to attempt to harm other users or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that infringe any right of any third party; or (f) engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.

Registration
Certain sections of, or offerings from, the Site may require you to register a user profile. If registration is requested, you agree to provide us with accurate, complete registration information, including your full legal name and other necessary and accurate contact information. You may not register on behalf of any other person or entity. We do not permit any individual to (a) register under another individual’s name; or (b) to access the Site using a single name which has been distributed to multiple users on a network. Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

Online Shopping
This Site may offer online capabilities to purchase products and services. You must be 18 years of age or older to make any such purchases, and by ordering a product from our Site, you are representing that you are 18 years of age or older. Please note that we make every effort to display as accurately as possible the products we offer through this Site, however, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment; therefore, we cannot guarantee that your equipment will accurately display the details of our products. You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products from our Site. You are also responsible for paying all postage and handling charges relating to your online purchases and for insuring your purchases.

Intellectual Property
This Site contains material which is our property or the property of third parties who have granted us the right to use such materials on our Site. All material posted on our Site is protected by United States and international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this Site, including code and software underlying this Site. You may download content from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and obtain our express written consent. Any unauthorized use of content terminates the foregoing rights. E-mail submissions transmitted over the Internet may not be secure. Please consider this fact before sending any information to us that may be personal or confidential.

Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms of Use or use of the Site.

Disclaimer of Warranties and Limitation of Liability
THE PRODUCTS, SERVICES, INFORMATION, CONTENT AND MATERIALS, AND DOCUMENTS MADE AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT AND MATERIALS, AND DOCUMENTS MADE AVAILABLE THROUGH THE SITE, EXCEPT AS PROVIDED IN THIS SECTION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS HEREBY DISCLAIMED.

Neither FIRSTSPEAR nor any of our Affiliated Parties shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond our control.

THE AGGREGATE LIABILITY OF FIRSTSPEAR AND OUR AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, SERVICES, INFORMATION, CONTENT AND MATERIALS, AND DOCUMENTS PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100.00 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

Please note that some jurisdictions may not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the foregoing exclusions may not apply to you. Check your local laws for restrictions or limitations.

License to Submitted Content
Any material, information, feedback, or idea that you send to us via the Site is deemed to be a grant by you to FirstSpear of a royalty-free, perpetual, nonexclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, create derivative works from, publicly perform or display any such communication, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing license shall include the right to exploit any property rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You warrant that all publicity rights and “moral rights” in your submissions have been waived.

Linking Policy
We may enter into arrangements with certain third party website owners which allow us to place on such third party’s site (“Third Party Site”), and allows the third party to place on our Site, a hyperlink (a “Link”) or a banner advertisement (“Banner Ad”) containing a Link which allows our respective users to connect to the home page of Third Party Sites or this Site, as applicable. These Links and Banner Ads are provided for the benefit of the users of the Site. A Link or Banner Ad to or from a Third Party Site does not imply that FirstSpear endorses the content on or the business of the Third Party Site. User is solely responsible for determining the integrity and reliability of the information on the Third Party site. We are not responsible for the content, accuracy, or opinions expressed on any Third Party Site. We will not, and are under no obligation to, investigate, monitor or check the Third Party Sites for accuracy or completeness, or for any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful content or materials. If you decide to leave the Site and access a Third Party Site, you do so at your own risk. We are not responsible for the privacy policies applicable to Third Party Sites. Once you link to a Third Party Site, our Privacy Policy stated on this Site is no longer in effect. We may at any time revise this Linking Policy. You are bound by any such revisions and should therefore periodically visit this Agreement to review the then-current Linking Policy to which you are bound.

Unlawful Activity
We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic information.

Information Security
We use security protocols which are standard and recommended in the technology industry to protect data stored on our Site and to secure transmission sent between us and you. However, despite these safety measures, no data stored online or transmitted over the Internet or a wireless network connection can be guaranteed to be 100% secure. Accordingly, while we strive to protect the data you transmit to us via email and personal information you may provide to us, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our Site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. FirstSpear hereby disclaims all liability and responsibility for any damages to you which are caused by any of the foregoing events if such events were unforeseeable or beyond our reasonable control despite our implementation of industry standard security measures.

Privacy and Children’s Information
We do not knowingly collect any personally identifiable information from any users under the age of 13 or from users between the ages of 13 and 18 and we have no reason to believe that any children under the age of 18 would be attracted to our Site or have reason to submit any personally identifiable information to us. This Site is targeted to and designed for adult users over 18 years of age. If you transmit any information to us, regardless of the purpose of such transmission, you are representing to us that you are over the age of 18. For more information on how we protect the personally identifiable information of our users, please see our Privacy Policy at the following link - Privacy Statement.

Termination
We may cancel, suspend, or terminate your right to use the Site at any time without notice. In the event of suspension or termination, you are no longer authorized to access the Site. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive.

Entire Agreement
These Terms of Use constitute the entire agreement between FirstSpear and you with respect to your use of the Site, and all information obtained by your from the Site, and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral with respect to this subject matter.

No Waiver
No delay or failure by FirstSpear to enforce any of these Terms of Use shall constitute a waiver of any of our rights hereunder, and only a specific, written waiver signed by an authorized representative of FirstSpear shall have any legal effect.

Severability
If any clause or provision set forth in these Terms of Use is determined to be illegal, invalid, or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

Jurisdiction, Venue, and Alternative Dispute Resolution
These Terms of Use are governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflicts of law provisions. In the event of a dispute arising out of your use of the Site or these Terms of Use, regardless of who initiated the proceeding, you agree to submit to the personal jurisdiction and venue of the state and federal courts located in St. Louis, Missouri.

Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

A.    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
B.    A description of the copyrighted work that you claim has been infringed;
C.    A description of where the material that you claim is infringing is located on the Site;
D.    Your address, telephone number, and email address;
E.    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F.     A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at contact@first-spear.com.

 

Last Updated: July, 2011