FireCareers Terms of Usage
These are the Terms and Conditions under which you may make use of Perfect Firefighter Candidate and the Firecareers.com website. Please read these Terms and Conditions carefully. If you do not accept the Terms and Conditions written here, do not use the Firecareers.com website and/or Perfect Firefighter Candidate service. By using the Firecareers.com website, you are indicating your acceptance to be bound by these Terms and Conditions. Perfect Firefighter Candidate and the Firecareers.com website (collectively, the "Company") may revise these Terms and Conditions at any time by posting an update on the Firecareers.com website. You should review the Terms and Conditions periodically, because they are binding on you. The terms "You" and "User" as used herein refer to all entities and/or individuals accessing the Firecareers.com website for any reason.
Subscription and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your subscription, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your subscription or password.
Use of Firecareers.com Content
The Company authorizes You to view and access a single copy of the content available on or from the Firecareers.com website solely for your personal, noncommercial use.
The contents of the Firecareers.com website, whether partial or otherwise, such as text, images, graphics, button icons, logos, software and other Firecareers.com content (collectively, "Firecareers.com Content"), are protected under both United States and foreign copyright, trademark, service-mark and other laws. All Firecareers.com Content is the property of the Company and/or its clients and/or content suppliers. The compilation (meaning the arrangement, assembly and collection) of all content on the Firecareers.com website is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of Firecareers.com Content may violate copyright, trademark, and other laws. You must maintain all copyright, trademark, service-mark and other proprietary notices contained in the original Firecareers.com Content on any copy You make of Firecareers.com Content. You may not sell or modify Firecareers.com Content or display, reproduce, distribute, publicly perform, or otherwise use Firecareers.com Content in any way for any commercial or public purpose. The use of Firecareers.com Content in a networked computer environment or on any other web site for any purpose is prohibited.
You shall not adapt or copy the HTML code that the Company creates to generate any Firecareers.com Content or the pages making up the Firecareers.com website. The Company's HTML code is also protected by the Company's copyright.
Acceptable Use of the Firecareers.com Website
Users may not use the Firecareers.com website in order to distribute, transmit, store or destroy material, including without limitation Firecareers.com Content, (1) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the publicity, privacy or other personal rights of others, (2) in violation of any applicable regulation or law, or (3) that is defamatory, obscene, threatening, abusive or hateful.
Firecareers.com Website Security Rules
Users are prohibited from violating or attempting to violate the security of the Firecareers.com website, including, without limitation, (1) attempting to scan, test or probe the vulnerability of a network or system or to breach authentication or security measures without express authorization, (2) accessing data not intended for such user or logging into a account or server that the user is not authorized to access, (3) forging any TCP/IP packet header or any part of the header information in any email, Firecareers Bulletin Board, Firehouse Recipes, Firehouse Stories, patch trading or Firecareers Chat posting, or (4) attempting to interfere with service to any host, network or user, including, without limitation, via means of submitting a virus to the Firecareers.com website, "mailbombing," "flooding," overloading, "crashing," or "spamming." Violations of network or system security may result in civil and/or criminal liability. The Company investigates such occurrences and does involve, and cooperates with, law enforcement authorities in prosecuting users who are involved in criminal violations.
Specific Prohibited Uses
The Firecareers.com website may be used only for lawful purposes by individuals seeking fire service career information and employment and by fire service employers seeking employees. The Company specifically prohibits any use of the Firecareers.com website, and all users agree not to use the Firecareers.com website, for any of the following:
- Sending unsolicited communications of any type including, without limitation, mail, email, telephone calls, or faxes, regarding advertising or promotion of services or products to a user of the Firecareers.com website.
- Deleting, editing, or revising any material posted by any other person or entity.
- Taking any action which imposes a disproportionately large or unreasonable burden or load on the Firecareers.com website's infrastructure.
- Using any software, routine or device to attempt to interfere or interfere with the ordinary function of the Firecareers.com website or any activity being conducted thereon.
- If You have a password allowing access to any non-public area of the Firecareers.com website, sharing with or disclosing your password to any other person or entity, or using your password for any unauthorized purpose.
- Notwithstanding anything to the contrary contained in these Terms and Conditions of Use, using or attempting to use any software, agent, engine, tool or other mechanism or device (including without limitation spiders, robots, avatars, browsers or intelligent agents) to search or navigate the Firecareers.com website other than the search agents and search engine available from the Company on the Firecareers.com website and other than generally available third party web browsers (e.g., Microsoft Internet Explorer, Netscape Navigator).
- Copying, aggregating or duplicating in any manner any Firecareers.com Content or any information available from the Firecareers.com website.
- Attempting to decompile, disassemble, decipher or reverse engineer any of the software in any way making up or comprising a part of the Firecareers.com website.
- Linking to or framing of any of Firecareers.com Content or information available from the Firecareers.com website.
User Account Management/Refund Policy
All subscriptions are the responsibility of the subscriber and should be managed at the subscribers "My Account" screen. To avoid unwanted charges it is the sole responsibility of the subscriber to cancel their subscription before the billing cycle. Month to month subscriptions are billed every 28 days at a rate of $9.95 US. Pre-paid 6 month and 1 year Subscriptions are billed at $55.00 & $110.00 US. If it is more convenient to call, please contact us at: 1-800-326-8401 and a customer service representative will be able to assist you. Refunds for month to month subscriptions will no longer be available after June 8, 2009. Pre-paid subscriptions will be subject to a $25.00 US service charge.
As a user, You are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Firecareers.com website You agree not to, do the following things: post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post material that is off-topic on topic-specific subjects in the Firecareers Bulletin Board or while using the Community Sections of the Firecareers.com website; post a sexually explicit statement or image; post solicitations or advertisements of business without prior express authorization from the Company; post pyramid schemes or chain letters; impersonate another person; post material that reveals trade secrets, unless You own them or have the permission of the owner; post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; or post material that contains viruses, worms, time bombs, cancelbots, Trojan horses, or other computer programming engines, macros or routines that are conceived, designed or intended to detrimentally interfere with, damage, surreptitiously intercept or expropriate any information, data, or system. Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the posting or are otherwise misleading contained in a posting are prohibited. The Company does not represent, warrant or guarantee the accuracy, truthfulness, validity or reliability of communications posted by users and does not endorse any opinions expressed by users. You agree that any reliance on material posted by users of the Firecareers.com website is at your own risk.
The Firecareers Bulletin Board, Firecareers Chat, Firehouse Recipes, Firehouse Stories, and Patch Trading sections (collectively, the "Community Sections") of the Firecareers.com website acts as a passive conduit for the online publication and distribution of user-submitted information. As such, the Company assumes no obligation to screen information or communications in advance and is not responsible for monitoring, screening or editing material posted by users. If notified by a user of a communication that allegedly does not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the particular communication. However, the Company assumes no responsibility or liability to users for performance or nonperformance of such activities. The Company reserves the right to expel users or subscribers and prevent further access by them to the Firecareers.com website or the Perfect Firefighter Candidate service for violating these Terms and Conditions or any law. The Company reserves the right to edit or remove communications which it deems, in its sole discretion, are illegal, abusive, disruptive, or are in violation of these Terms and Conditions. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or its customers, users, or subscribers, or may cause the Company to lose (in whole or in part) the services of its Internet Service Provider or other vendors or suppliers, or is in any way potentially injurious to the Company.
By submitting content to any public or non-public area of the Firecareers.com website, including without limitation the Community Sections, You grant the Company and its affiliates the perpetual, royalty-free, irrevocable, sublicenseable (through multiple tiers), non-exclusive license and right (including any moral right) to publish, reproduce, use, distribute, communicate to the public, adapt, translate, modify, create derivative works from, display and perform the content (in whole or in part) worldwide and to incorporate it in other works in any media, form, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any subscriber to access, view, display, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Firecareers.com website retains any and all rights that may exist in such content.
We appreciate hearing from our customers and welcome your comments regarding our products, services and the Firecareers.com website. However, our policy prohibits us from considering or accepting creative ideas, suggestions, materials or inventions other than those that we may specifically request. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions, materials or inventions. If, despite this request, You send us creative ideas, suggestions, materials, inventions, drawings, concepts, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
Identity of Agent to Receive Copyright Infringement Claims
We have designated Craig Freeman as our agent to receive notices of claims of copyright infringement on our web site. You can contact Mr. Freeman as follows:
|By mail:||Craig Freeman
4475 Dupont Ct., Suite 3
Ventura, CA 93003
|By telephone:||1 (800) 326-8401|
Elements of Copyright Infringement Claim
If You believe that your copyrighted work has been uploaded, posted or copied to Firecareers.com and is accessible on Firecareers.com in a way that constitutes copyright infringement, please notify our copyright infringement claim agent by providing the agent with all of the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
- A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;
- Identification of the URL or other specific location on the Firecareers.com website where the activity or material You claim to be infringing is occurring or is located (You must include enough information to allow us to locate the material or the activity);
- Your name, address, telephone number and, if You have one, your email address;
- A written statement by You of Your good faith belief that use on the Firecareers.com website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
- A written statement by You, signed by you under penalty of perjury under the laws of the State of California, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.
Termination of Subscribers and Users Who Repeatedly Infringe the Intellectual Property Rights of Others
The Company respects the intellectual property of others and we ask our users and subscribers to do the same. The unauthorized copying, reproduction, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners' rights. As a condition to your use of the Firecareers.com website and the Perfect Firefighter Candidate service, You agree not to use the Firecareers.com website or any Perfect Firefighter Candidate service or product to infringe the intellectual property rights of the Company or others in any way. We will terminate the accounts of any users or subscribers, and block access to the Firecareers.com website and/or the Perfect Firefighter Candidate service, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the user or subscriber who is terminated or to the user or subscriber whose access is blocked.
The Company's Liability
Firecareers.com Content may contain typographical errors or inaccuracies. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Perfect Firefighter Candidate service, the Firecareers.com website or Firecareers.com Content. The use of the Perfect Firefighter Candidate service and the Firecareers.com website is at your own risk. Changes are periodically made to the Firecareers.com website and may be made at any time.
The Company is under no legal obligation to, and ordinarily does not, control the information provided by other users or subscribers that is made available through the Community Sections of the Firecareers.com website. Information posted by users or subscribers may be harmful, offensive, untimely, unreliable, untruthful or inaccurate, and in some cases will be mislabeled or deceptively labeled.
We expect that You will use caution and common sense when using the Firecareers.com website and/or the Perfect Firefighter Candidate service.
The Company is not to be considered to be an employer with respect to your use of the Firecareers.com website and the Company shall not be responsible for any employment decisions, for whatever reason or reasons made, made by any person or entity posting jobs, career information, or training opportunities on the Firecareers.com website.
THE COMPANY DOES NOT WARRANT THAT ANY THE FIRECAREERS.COM WEBSITE WILL OPERATE WITHOUT ERROR OR THAT THE FIRECAREERS.COM WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE FIRECAREERS.COM WEBSITE OR FIRECAREERS.COM CONTENT RESULTS IN THE NEED FOR REPLACING OR SERVICING DATA OR EQUIPMENT, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE FIRECAREERS.COM WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, COMPLETNESS, RELIABILITY, OR TIMELINESS OF THE FIRECAREERS.COM WEBSITE, FIRECAREERS.COM CONTENT, THE PERFECT FIREFIGHTER CANDIDATE SERVICE SERVICES, AND ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS VENDORS, SUPPLIERS OR PARTNERS, OR ANY THIRD PARTIES MENTIONED ON THE FIRECAREERS.COM WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PERFECT FIREFIGHTER CANDIDATE SERVICE, THE FIRECAREERS.COM WEBSITE AND FIRECAREERS.COM CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF, FORESAW, OR CONTEMPLATED THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
The Firecareers.com website contains links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party websites and does not make any representations regarding the accuracy or content of materials on such third party websites. If You choose to access linked third party websites, You do so at your own risk.
Training Provider Advertisements
The Company periodically advertises the services of education or training providers. Unfortunately, from time to time education or training classes are changed or cancelled due to a variety of reasons, such as under-enrolment, instructor shortages, or logistical problems. While Perfect Firefighter Candidate may attempt to assist You in contacting a training service provider directly, class changes and cancellations are not within the Company's control. Accordingly, the Comapny is not responsible for any loss, expense, liability, damage or other cost or problem that You may incur or caused directly or indirectly by any class, the instruction received therein, your class being cancelled, or as a result of, or any change in, the subject matter, time or location of the class, or change in the facilities, instructor or equipment used in the class.
In addition, without limiting any of the other disclaimers of warranty set forth in these Terms and Conditions of Use, the Company does not provide or make any undertaking as to the nature or quality of any of the services or products purchased through the Firecareers.com website, or any other representation, warranty or guaranty. Any such representation, undertaking, guaranty or warranty would be furnished solely by the provider of the applicable class, or learning material, service or product, under the terms agreed to by and with the provider.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms and Conditions of Use. You also agree not to make any unauthorized commercial use of the Firecareers.com website.
LIMITATION OF LIABILITY
PERFECT FIREFIGHTER CANDIDATE'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY PERFECT FIREFIGHTER CANDIDATE SITE OR YOUR USE OF FIRECAREERS.COM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from Firecareers.com and the other Perfect Firefighter Candidate Sites and immediate termination of your registration with or ability to access Firecareers.com and the other Perfect Firefighter Candidate Sites and/or any other service provided to You by the Company, upon any breach by You of these Terms and Conditions or if the Company is unable to verify or authenticate any information You submit to the Web Site or other Perfect Firefighter Candidate Site registration.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any material You provide to a Perfect Firefighter Candidate Site, (ii) any Firecareers.com Content that You use or (iii) your breach of the terms of these Terms and Conditions. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at your expense, in defending any such claim, suit or proceeding.