PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING firstbuyerprograms.com. This site and all content, information and services accessible through it (“firstbuyerprograms.com”) is made available by firstbuyerprograms.com, and may be used only under the following terms and conditions.
BY ACCESSING AND USING firstbuyerprograms.com, YOU (“User”) AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the “Agreement”). If User is accessing and using this website on behalf of any group or entity, User warrants that it has all necessary authority to enter into this Agreement. If at any time User does not agree to be bound by the terms and conditions of this Agreement then User must cease using firstbuyerprograms.com immediately.
1.1 Grant. User is granted a non-exclusive, non-transferable, revocable, limited license to access and use firstbuyerprograms.com on any single computer for personal, non-commercial use. firstbuyerprograms.com may terminate this license without notice at any time and for any, or no, reason.
1.2 Limitations. User may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use in any way firstbuyerprograms.com, or any portion thereof, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with firstbuyerprograms.com’s prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C. § 107). User may not alter or modify information and services provided through firstbuyerprograms.com in any way. User may not reverse engineer, decompile, disassemble, scrape or otherwise attempt to discern the source code or architecture of the components of firstbuyerprograms.com, or any information about usage or users. User may not use any robot, spider, script, other automatic device, or manual process to access, monitor or copy firstbuyerprograms.com without firstbuyerprograms.com’s prior written permission.
1.3 Intellectual Property Rights. Unless otherwise explicitly noted, all elements of firstbuyerprograms.com including, but not limited to, text, articles, logos, trademarks, graphics and overall “look and feel” are the property of firstbuyerprograms.com. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights either now or in the future. User acknowledges that firstbuyerprograms.com is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
2 Registration. Certain sections of firstbuyerprograms.com may require registration to access and use information and services. If User elects to register, User agrees to provide firstbuyerprograms.com with accurate, complete registration information. User will inform firstbuyerprograms.com of any changes to registration information within 5 days of such changes. User warrants that registration is for a single person only, and that User will not permit anyone other than User to access and use sections of firstbuyerprograms.com requiring registration using User’s name and password. User will not access or use firstbuyerprograms.com under the User name of another individual. User is responsible for all access to and use of firstbuyerprograms.com through User’s name and password, including access of any services the use of which results in any monetary charges to User, whether or not User has knowledge of or authorizes such access and use. User will notify firstbuyerprograms.com immediately of any unauthorized use of User’s name and password, if User suspects the privacy of User’s name and password has been jeopardized, or if User believes that another individual has fraudulently represented themselves as the User or as being associated with User or User’s organization.
3 Publication and Use of Interactive Services.
3.1 Grant of License. By publishing, uploading, submitting or distributing any messages, data, information, text, graphics, links, or other materials (“Posted Materials”) to firstbuyerprograms.com, including messages posted on any message boards and/or materials published in directories on firstbuyerprograms.com, User automatically grants, or warrants that the owner of the following rights has expressly granted, to firstbuyerprograms.com, a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell Posted Materials, and incorporate Posted Materials into any medium or technology, now known or developed in the future.
3.2 Lawful Use Only. User will not publish, upload, submit or distribute any Posted Materials on firstbuyerprograms.com which are unlawful, deceptive, misleading, or abusive in any way, including but not limited to Posted Materials that are defamatory, libelous, pornographic, obscene, threatening, indecent, invasive of privacy or publicity rights, hateful, or would constitute or encourage in any way a criminal offense, violate the rights of any party, contain any corrupted data or malicious code that may impair or alter the appearance or functionality of firstbuyerprograms.com, or give rise to liability or violate any local, state, federal or international law or regulation, or the rules of any securities exchange such as the New York Stock Exchange or NASDAQ, either intentionally or unintentionally, or the firstbuyerprograms.com Community Guidelines. firstbuyerprograms.com may delete any of User’s Posted Materials at any time, for any reason, without prior notice or User’s permission and at firstbuyerprograms.com’s sole discretion.
3.3 Posted Materials Attributed & Truthful. User warrants that any Posted Materials to firstbuyerprograms.com will be truthfull and accurate, and will not misrepresent or obscure his or her identity or affiliation with any person or entity. Furthermore, User warrants that it will not, by any method or action, directly or through a third party seek to artificially enhance, degrade, or otherwise manipulate the recommendations or endorsements of any User, individual, or group on firstbuyerprograms.com including User’s own.
3.4 No firstbuyerprograms.com Obligation to Monitor. firstbuyerprograms.com has no obligation or intent to edit, monitor or screen Posted Materials and is not responsible for the content in, or linked to or from, Posted Materials. firstbuyerprograms.com may, and retains the right to, examine firstbuyerprograms.com for adherence to the Agreement and remove any materials that may be objectionable, violate the Agreement, or law, but expressly disclaims any and all warranties or representations that it will do so in any specific instance. By using firstbuyerprograms.com, User acknowledges and agrees that firstbuyerprograms.com is under no obligation to monitor, edit, or remove, or let remain any Posted Materials solely upon User’s insistence.
3.5 Commercial Use Prohibited. Services on firstbuyerprograms.com that allow User to contact, communicate or interact with other users, firstbuyerprograms.com or firstbuyerprograms.com affiliates and customers (“Interactive Services”) are provided to User solely for personal use. User will not include any advertising, promotion, solicitation for goods, services or funds, or solicitation for anyone to become members of a commercial enterprise or organization in Posted Materials delivered through Interactive Services without the express written permission of firstbuyerprograms.com.
4 User Attorney Ethics & Practice of Law. If User is an attorney participating in any aspect of firstbuyerprograms.com, including but not limited to Interactive Services, User acknowledges that the Rules or Codes of Professional Conduct (“Rules”) of the jurisdictions in which User is licensed apply to all aspects of User’s participation and that User will abide by such Rules. firstbuyerprograms.com disclaims all responsibility for User’s compliance with these rules. User warrants that Interactive Services will be used to provide general information only, and not for the provision of legal advice or the practice of law.
5 No Legal Advice or Practice of Law. firstbuyerprograms.com sometimes provides information on law and legal topics and is designed for informational purposes only. User acknowledges that under no circumstances is firstbuyerprograms.com, its agents, affiliates or customers, providing legal advice or representation through firstbuyerprograms.com, and that nothing on firstbuyerprograms.com is intended as, or should be construed to be a substitute for legal advice from an attorney.
7 Advertisers & Sponsors. User acknowledges that firstbuyerprograms.com may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for use on firstbuyerprograms.com is accurate and complies with any and all applicable laws. User agrees that firstbuyerprograms.com will not be responsible for the illegality or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers or sponsors.
8 Digital Millennium Copyright Act Notice. firstbuyerprograms.com has registered an agent with the United States Copyright Office as outlined in Title II of the Digital Millennium Copyright Act (17 U.S.C. § 512). Upon notice of alleged copyright infringement, firstbuyerprograms.com will remove or block access to the material, provide notice to the user who posted the material and proceed as dictated by Title II of the Digital Millennium Copyright Act (17 U.S.C. § 512). firstbuyerprograms.com may block access to areas of its site to repeat infringers. All notices of alleged copyright infringement through firstbuyerprograms.com should be sent by using the contact us form.
9. DISCLAIMER OF WARRANTIES. firstbuyerprograms.com IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, firstbuyerprograms.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. firstbuyerprograms.com MAKES NO WARRANTY THAT ACCESS TO firstbuyerprograms.com OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. firstbuyerprograms.com DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF firstbuyerprograms.com, INCLUDING BOTH firstbuyerprograms.com AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH firstbuyerprograms.com, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN firstbuyerprograms.com, (C) THE UNAVAILABILITY OF firstbuyerprograms.com OR ANY PORTION THEREOF, OR (D) USER’S USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF firstbuyerprograms.com.
10. LIMITATION OF LIABILITY. USER’S EXCLUSIVE REMEDY AND firstbuyerprograms.com’S, ITS AFFILIATES AND/OR CONTRIBUTORS’ ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF firstbuyerprograms.com WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGRATE AMOUNT OF CHARGES PAID BY USER RELATIVE TO THE SPECIFIC firstbuyerprograms.com FEATURE WHICH IS THE BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL firstbuyerprograms.com, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM RELATING IN ANY WAY TO (A) USER’S INABILITY OR FAILURE TO USE firstbuyerprograms.com PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY firstbuyerprograms.com, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON firstbuyerprograms.com DELIVERED INFORMATION AND SERVICES; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER’S RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE firstbuyerprograms.com, EVEN IF firstbuyerprograms.com, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. firstbuyerprograms.com SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.
10(a) Indemnification. User agrees to defend, indemnify, and hold firstbuyerprograms.com, its affiliates, contractors, suppliers, directors, employees and agents harmless from any and all claims, costs, damages, judgments, and liabilities (including but not limited to reasonable attorney’s fees) made by any third party and arising from any content User posts, submits, transmits or otherwise makes available through firstbuyerprograms.com, User’s violation of the terms and conditions of this Agreement, or the violation of the intellectual property rights of any third party.
11. Limitation of Claims. Except for claims relating to improper use of firstbuyerprograms.com, no claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.
11(a) User disputes. User is solely responsible for its interactions with other firstbuyerprograms.com users. firstbuyerprograms.com retains the right, but expressly disclaims any obligation, to become involved in any dispute between User and any other users of firstbuyerprograms.com.
13. Entire Agreement. This Agreement embodies the entire understanding between User and firstbuyerprograms.com with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.
14. Force Majeure. firstbuyerprograms.com’s performance under these Terms and Conditions of use are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and similar events.
15. General Provisions. This Agreement will be governed by and construed under the law of the state of Rhode Island, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Rhode Island will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by Subscriber without our prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
These terms were last updated on October 25, 2012.