Terms & Conditions of Use
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.
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.
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.
Disclaimer of Warranties and Limitation of Liability
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.
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
Jurisdiction, Venue, and Alternative Dispute Resolution
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 firstname.lastname@example.org.
Last Updated: March 2020