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WEBSITE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY.
By accessing or otherwise using this site, you
agree to be bound contractually by these Terms of Use.
TERMS OF USE
AND DMCA NOTICE Effective Date: January 1, 2016
To review material
modifications and their effective dates scroll to the bottom of the page.
1. Parties. The parties to these Terms of Use are you, and the owner of
this firesprings.com website business, Firesprings INC ("Firesprings"). All
references to "we", "us", "our", this "website" or this "site" shall be
construed to mean this website business and Firesprings.
2. Use And
Restrictions. Subject to these Terms of Use and our Privacy Policy, you may
use the public areas of this site, but only for your own internal purposes.
You agree not to access (or attempt to access) this site by any means other
than through the interface we provide, unless you have been specifically
allowed to do so in a separate agreement. You agree not to access (or
attempt to access) this site through any automated means (including use of
scripts or web crawlers), and you agree to comply with the instructions set
out in any robots.txt file present on this site. You are not authorized to
(i) resell, sublicense, transfer, assign, or distribute the site, its
services or content; (ii) modify or make derivative works based on the site,
its services or content; or (iii) "frame" or "mirror" the site, its services
or content on any other server or Internet-enabled device. All rights not
expressly granted in this Agreement are reserved by us and our licensors.
3. Modification. We reserve the right to modify these Terms of Use at
any time, and without prior notice, by posting an amended Terms of Use that
is always accessible through the Terms of Use link on this site's home page.
You should scroll to the bottom of this page periodically to review material
modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE
FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS
SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF
USE.
4. How We Treat Postings To This Site (Blog, Forum, or Chat
Room).
4.1 We will not treat information that you post to areas of
this site that are viewable by others (for example, to a blog, forum or
chat-room) as proprietary, private, or confidential. We have no obligation
to monitor posts to this site or to exercise any editorial control over such
posts; however, we reserve the right to review such posts and to remove any
material that, in our judgment, is not appropriate. Posting, transmitting,
promoting, using, distributing or storing content that could subject us to
any legal liability, whether in tort or otherwise, or that is in violation
of any applicable law or regulation, or otherwise contrary to commonly
accepted community standards, is prohibited, including without limitation
information and material protected by copyright, trademark, trade secret,
nondisclosure or confidentiality agreements, or other intellectual property
rights, and material that violates export control laws.
4.2 We, in
our sole discretion and without notice, reserve the right, but undertake no
duty, to review, edit, remove or delete any material submitted as a comment
to blog, forum or chat-room provided for display or placed on this site.
Specifically, we reserve the right to delete or decline to post content that
contains profanity; sexual content; overly graphic, disturbing or offensive
material; vulgar or abusive language; hate speech, defamatory comments, or
offensive language targeting any specific demographic; personal attacks of
any kind; spam; promotions for commercial products or services.
4.3
By submitting a comment for posting, you agree that we are not responsible,
and shall have no liability to you, with respect to any information or
materials posted by others, including defamatory, offensive or illicit
material, even material that violates this Agreement.
5.
Defamation; Communications Decency Act Notice. This site is a provider of
"interactive computer services" under the Communications Decency Act, 47
U.S.C. Section 230, and as such, our liability for defamation and other
claims arising out of any postings to this site by third parties is limited
as described therein. We are not responsible for content or any other
information posted to this site by third parties. We neither warrant the
accuracy of such postings or exercise any editorial control over such posts,
nor do we assume any legal obligation for editorial control of content
posted by third parties or liability in connection with such postings,
including any responsibility or liability for investigating or verifying the
accuracy of any content or any other information contained in such postings.
6. Monitoring. We reserve the right, but not the obligation, to monitor
your access and use of this site without notification to you. We may record
or log your use in a manner as set out in our Privacy Policy that is
accessible though the Privacy Policy link on this site's home page.
7. Separate Agreements. You may acquire products, services and/or content
from this site. We reserve the right to require that you agree to separate
agreements as a condition of your use and/or purchase of such products,
services and/or content.
8. Ownership. The material provided on this
site is protected by law, including, but not limited to, United States
copyright law and international treaties. The copyrights and other
intellectual property in the content of this site is owned by us and/or
others. Except for the limited rights granted herein, all other rights are
reserved.
9. DMCA Notice. This site is an Internet "service provider"
under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA").
As Required by the DMCA, this site maintains specific contact information
provided below, including an e-mail address, for notifications of claimed
infringement regarding materials posted to this site. All notices should be
addressed to the contact person specified below (our agent for notice of
claimed infringement):
Notification of Claimed Infringement:
Firesprings INC. 2679 Howard Ave Suite 138 Windsor, ON, N8X 3X2.
CANADA Agent's Name/Email Address: Elisha Goodman/elisha@firesprings.com
You may contact our agent for notice of claimed infringement
specified above with complaints regarding allegedly infringing posted
material and we will investigate those complaints. If the posted material is
believed in good faith by us to violate any applicable law, we will remove
or disable access to any such material, and we will notify the posting party
that the material has been blocked or removed.
In notifying us of
alleged copyright infringement, the DMCA requires that you include the
following information: (i) description of the copyrighted work that is the
subject of claimed infringement; (ii) description of the infringing material
and information sufficient to permit us to locate the alleged material;
(iii) contact information for you, including your address, telephone number
and/or e-mail address; (iv) a statement by you that you have a good faith
belief that the material in the manner complained of is not authorized by
the copyright owner, or its agent, or by the operation of any law; (v) a
statement by you, signed under penalty of perjury, that the information in
the notification is accurate and that you have the authority to enforce the
copyrights that are claimed to be infringed; and (vi) a physical or
electronic signature of the copyright owner or a person authorized to act on
the copyright owner's behalf. Failure to include all of the above-listed
information may result in the delay of the processing of your complaint.
10. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE
WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR
PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR
LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS,
SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN
AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS
SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM
THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR
FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT
REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT:
(A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN
COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET
YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
===> SPECIAL DISCLAIMERS <===
1. Subjective Subject Matter Disclaimer For Medical
Advice
WE DO NOT PROVIDE MEDICAL ADVICE FOR ANY PURPOSE, INCLUDING
ANY MEDICAL ADVICE REGARDING ANY ASPECT OF YOUR PARTICIPATION IN A FITNESS
OR WELLNESS PROGRAM. ALL INFORMATION PROVIDED ON THIS SITE IS FOR
INFORMATIONAL PURPOSES ONLY.
2. Subjective Subject Matter Disclaimer
For Single Author; No Obligation to Update Information.
The
information presented herein represents the view of the author as of the
date of publication. Because of the rate with which conditions change, the
author reserves the right to alter and/or update his opinion based on the
new conditions, and the author is not obligated to update this information.
3. Subjective Subject Matter Disclaimer For 3rd Party Author; No
Obligation to Update Information.
Everything posted on this site are
views of others and have either been submitted to us, or found on the
Internet and published as a fair use. The views expressed on this site are
solely those of 3rd party authors and do not in any way reflect our views.
This site is solely a provider of useful articles and hereby disclaims all
liability for any damages or injury or other harm arising from this website.
We are not obligated to update any information attributable to 3rd party
authors.
4. Disclaimer for Blog Posts by Others.
We do not
independently verify, nor do we seek independent verification of comments
and statements that may be posted by others in blog posts on this site
regarding our website, its products or services. For this reason, if others
post "success story" or "best-case" scenario testimonials (as distinguished
from subjective opinions), you should assume that their results are NOT
typical.
5. Disclaimer for Fasting and Other Spiritual Exercises That
Might Affect Your Health
We do not guarantee that any recommendation
will meet your requirements. Not all fasting is suitable for everyone. To
reduce the risk of injury, consult your doctor before beginning this or any
fasting program. . THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS
AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS
AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES
MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE
LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY
LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation
of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO
ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA,
REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY
WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY
INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF
THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
12. Links to This Site. We grant to you a limited,
revocable, and nonexclusive right to create a hyperlink to this site
provided that the link does not portray us or our products or services in a
false, misleading, derogatory, or offensive matter. You may not use any
logo, trademark, or tradename that may be displayed on this site or other
proprietary graphic image in the link without our prior written consent.
13. Links to Third Party Websites. We do not review or control third
party websites that link to or from this site, and we are not responsible
for their content, and do not represent that their content is accurate or
appropriate. Your use of any third party site is on your own initiative and
at your own risk, and may be subject to the other sites' terms of use and
privacy policy.
14. Participation In Promotions of Advertisers. You
may enter into correspondence with or participate in promotions of
advertisers promoting their products, services or content on this site. Any
such correspondence or participation, including the delivery of and the
payment for products, services or content, are solely between you and each
such advertiser.
15. Consumer Rights Information; California Civil
Code Section 1789.3. If this site charges for services, products, content,
or information, pricing information will be posted as part of the ordering
process for this site. We maintain specific contact information including an
e-mail address for notifications of complaints and for inquiries regarding
pricing policies in accordance with California Civil Code Section 1789.3.
All correspondence should be addressed to our agent for notice at the
following address:
Notification of Consumer Rights Complaint or
Pricing Inquiry:
Firesprings INC 2679 Howard Ave Suite 138
Windsor, ON, N8X 3X2. CANADA Contact:
elisha@firesprings.com
You may contact us with complaints and inquiries regarding pricing and we
will investigate those matters and respond to the inquiries.
The
Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs may be contacted in writing at 1020 N.
Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
16. Arbitration. Except for actions to protect intellectual property rights
and to enforce an arbitrator's decision hereunder, all disputes,
controversies, or claims arising out of or relating to this Agreement or a
breach thereof shall be submitted to and finally resolved by arbitration
under the rules of the American Arbitration Association ("AAA") then in
effect. There shall be one arbitrator, and such arbitrator shall be chosen
by mutual agreement of the parties in accordance with AAA rules. The
arbitration shall take place in Toronto, ON, Canada, and may be conducted by
telephone or online. The arbitrator shall apply the laws of the Province of
Ontario, Canada to all issues in dispute. The controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The findings
of the arbitrator shall be final and binding on the parties, and may be
entered in any court of competent jurisdiction for enforcement. Enforcements
of any award or judgment shall be governed by the United Nations Convention
on the Recognition and Enforcement of Foreign Arbitral Awards. Should either
party file an action contrary to this provision, the other party may recover
attorney's fees and costs up to $1000.00.
17. Jurisdiction And Venue.
The courts of Nearest Court in the Province of Ontario shall be the
exclusive jurisdiction and venue for all legal proceedings that are not
arbitrated under these Terms of Use.
18. Controlling Law. This
Agreement shall be construed under the laws of the Province of Ontario,
Canada, excluding rules regarding conflicts of law. The application the
United Nations Convention of Contracts for the International Sale of Goods
is expressly excluded.
19. Onward Transfer of Personal Information
Outside Your Country of Residence. Any personal information which we may
collect on this site may be stored and processed in our servers located in
the United States or in any other country in which we, or our affiliates,
subsidiaries, or agents maintain facilities. You consent to any such
transfer of personal information outside your country of residence to any
such location.
20. Severability. If any provision of these terms is
declared invalid or unenforceable, such provision shall be deemed modified
to the extent necessary and possible to render it valid and enforceable. In
any event, the unenforceability or invalidity of any provision shall not
affect any other provision of these terms, and these terms shall continue in
full force and effect, and be construed and enforced, as if such provision
had not been included, or had been modified as above provided, as the case
may be.
21. Force Majeure. We shall not be liable for damages for any
delay or failure of delivery arising out of causes beyond our reasonable
control and without our fault or negligence, including, but not limited to,
Acts of God, acts of civil or military authority, fires, riots, wars,
embargoes, Internet disruptions, hacker attacks, or communications failures.
22. Privacy. Please review this site's Privacy Policy which also governs
your visit to this site. Our Privacy Policy is always accessible on our
site's home page.
-- >>Material Modifications<< Since January
1, 2016: none.
Notice: This document is Copyright © Chip Cooper
of the law firm of Jones & Haley, P.C., and licensed for use by the owner of
this website under distribution rights granted to FTCGuardian.com. All
rights reserved worldwide. No part of this document may be copied,
reprinted, reproduced, or transmitted in any form or by any means without
the prior written permission of the copyright owner.
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