IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS
BEFORE YOU REGISTER FOR AND USE
FIRE SONAR TECHNOLOGIES SERVICES (THE “SERVICE”).
By registering for and/or by using the service, you confirm that you are legally bound by these terms and conditions, and all other agreements, terms, and conditions that govern your account(s) at FIRE SONAR TECHNOLOGIES, including, without limitation, fire sonar account terms and conditions, the fire sonar electronic terms of access agreement, and privacy statement , all as may be amended from time to time (collectively, the “terms and conditions”). FIRE SONAR TECHNOLOGIES account terms and conditions can be accessed on fire sonar technologies inc website by clicking on the “Legal” link on the bottom of each website page.
You can register for the service through your mobile device. By registering for the service, you will be taken to have read, understood and accepted these terms and conditions in the same way as if you have signed a printed version and you will be bound by them and they will continue to apply every time you use the service.
You should read important disclosures and disclaimers which can be found, including, without limitation, in the terms and conditions, on the fire sonar website, and by clicking on the ‘Legal’ link at the bottom of relevant pages within fire sonar mobile application(s).
In these terms and conditions, “we”, “our” and “us” mean Fire Sonar Technologies, Inc. and “you” and “your” mean the individual, group of individuals and/or entity or entities who is/are using the Service. These terms and conditions apply to your use of the Service (including, for greater certainty, Fire Sonar’s mobile application software), and any information contained therein. If you do not agree with any of the terms set out herein, you should not use the Service, and if you have already installed Fire Sonar’s mobile application software (the “Application”), you should uninstall the Application from your mobile device. “FireSonar” and Fire Sonar are trade names and service marks of Fire Sonar Technologies, Inc. a New York corporation that owns and operates the web-site with the URL: http://firesonar.com .
As consideration for your continuing compliance with and agreement to be bound by the Terms and Conditions, we hereby grant and you hereby accept a limited, non-exclusive, non-transferable, non-assignable license to use the Application (which shall include future updates made available to you from time to time, provided you understand that such updates may be subject to additional terms in respect of which you will be notified at the time such update is made available) to access your account(s) at Fire Sonar Technologies, Inc. from your mobile device, subject to the Terms and Conditions.
You agree to the following restrictions:
(a) You will use the material on our site for your own personal use and for no other purposes. You may not use this site if you are an owner, employee or independent contractor for a competing fire alarm company or fire service or its affiliated website and you hereby represent and warrant that such is not the case.
(b) You agree that you will not reprint, republish or distribute, in any way, any information or materials found on our website. You acknowledge that our materials are protected by copyright law and you will not copy our materials in any way.
(c) You acknowledge and agree that the password with which you have been provided is for your personal use, that you are responsible for any use of your password and you are not permitted to allow any other person to use your password for any purpose.
Please review these Terms and Conditions often, as we reserve the right to change them at any time as stated herein. PLEASE READ THE FOLLOWING DISCLAIMERS AND TERMS AND CONDITIONS CAREFULLY BEFORE SHARING OR POSTING CONTENT ON FireSonar’S WEBSITES (COLLECTIVELY THE “SITE”) OR ANY OF FireSonar’S SOCIAL MEDIA ASSETS. BY ACCESSING OR SUBMITTING CONTENT TO THE SITE OR ANY OF FireSonar’S SOCIAL MEDIA ASSETS, YOU ACKNOWLEDGE AND AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are applicable to all FireSonar websites, whether a sponsored site, managed through a third party vendor or hosted by a third party, including any FireSonar Social Media Asset.
User Profile Information
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. FireSonar cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you believe your password has been compromised or someone has improperly accessed your account, please visit our Password Reminder page.
FireSonar will never knowingly request or collect personal information from any person under 18 years of age without prior verifiable parental consent. If we become aware that an individual is under the age of 18 and has submitted any information to FireSonar for any purpose without prior verifiable parental consent, we will delete his or her information from our files.
By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. Your profile may be deleted and your account may be terminated without warning if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
Term and Termination
The Terms of this agreement shall remain in full force and effect while you use the Site. You may delete your user information at any time, for any reason by going into My Account and deleting the information on file. Deletion of your user information will not delete any previously posted or shared content. FireSonar may delete or block your account and/or user profile at any time, for any or no reason, with or without prior notice or explanation, and without liability.
Payment and Use of Credit
If you pay by credit card, upon registration you do grant to us permission to charge all fees incurred using your password to the credit card you provide to us. If payment cannot be charged to your credit card or such payment is returned to us for any reason, including chargebacks, we may either suspend or terminate your account and all services under this Agreement and you will personally owe us any unpaid balance.
We reserve the right to modify these Terms of Service and any policies affecting the website. Any modification is effective as of the beginning of the calendar month following the posting of the change to this website or distribution via electronic mail or conventional mail, whichever occurs first. Your continued use of the website more than 30 days following notice of any modification to these Terms of Service shall be conclusively deemed an acceptance of all such modification(s). If any change is unacceptable to you, you may so notify us before the expiration of the 30 day period and require us to make the decision that the change will not apply to you or to refund a pro-rata portion of your subscription fee for the period of your subscription not yet expired as of the effective date of the modification.-1
Use of Site
Non-Interference. You agree not to disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site. Other than connecting to FireSonar’s servers by http requests using a Web browser, you may not attempt to gain access to FireSonar’s servers by any means.
Allowed Content. Users may post reviews, comments, photos, videos and other content; and submit suggestions, ideas, comments, questions, or other information, as appropriate for the intended purposes of the various aspects of the Site. FireSonar reserves the right, but not the obligation, to remove or edit such content without prior notice.
Copyright, Personality, and Intellectual Property Rights. By posting or submitting content, you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the content. To the extent that the content submitted contains images, photographs, or pictures (“Images”), you warrant and represent that (a) you are the copyright owner of such images, or the copyright owner of such Images has granted you permission to use the Images; (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms and Conditions; (c) that each person or entity or owner of any intellectual property content depicted in such Images, if any, has provided consent to the use of the Images.
Business Relationship. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between FireSonar and you or any other person or entity.
Prohibited Content. Without limiting the description above, by using this Site you agree not to:
- Abuse, harass, defame, threaten, impersonate or intimidate other users;
- Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
- Use the app for any illegal or unauthorized purpose, including violating any local, state, national or international laws (including but not limited to infringing any trademark, trade secret, copyright, patent or other proprietary rights of any party);
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user;
- Create, submit, upload, post or otherwise make available any unwanted or unsolicited e-mail (“Spam”) to any users including advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FireSonar without express written consent. You may not use any meta tags or any other “hidden text” utilizing FireSonar’s name or trademarks;
- Submit stories or comments linking to multi-level marketing schemes, pyramid schemes or off-topic content;
- Use any robots, spiders, scrapers or any other automated means to access the Site for any purpose. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) upload viruses or other malicious code; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- Advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
- Engage in any activity that is prohibited by law, statute, regulation or government edict, as the case may be in your jurisdiction or in the jurisdiction of FireSonar or in any jurisdiction where FireSonar maintains its servers, subcontractors or any affiliate office.
Limitation of Liability. Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis without any warranties of any kind, express or implied, and FireSonar assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. FireSonar makes no warranty that (a) any user access will be uninterrupted, timely, secure or error-free; (b) the quality of any content, products, services, information or other material obtained by any user will meet his or her expectations; (c) any errors in the software will be corrected; and (d) that any content upload to the site is protected or secure.
We cannot be held liable or responsible in any way, shape or fashion for any event that results from use of any information or services provided by us, not limited to financial losses or any other negative outcomes. You completely absolve us of any responsibility, financial or otherwise, for how you use the information. We will use reasonable efforts to keep the service available to you during the term. You may experience poor performance from time to time based on the need for us to provide maintenance, temporary unavailability of the web or reasons beyond our control. We shall not be liable for these types of failure. In the event we do breach this warranty, your sole remedy is to notify us. If we then fail to restore service to acceptable levels within fifteen (15) days of notification, then you may terminate the service and we will owe you a pro-rata portion of the sum paid for your subscription to the extent that it has not expired as of the date of the notice.
Disclaimer of Other Warranties. Except as Expressly Set Forth Herein, The Material on This Website (Including All Content, Software, Functions, Services, Materials and Information Made Available Herein or Accessed by Means Hereof) Are Provided as is, Without Warranties of Any Kind, Either Express or Implied, Including But Not Limited to, Warranties of Merchantability and Fitness For A Particular Purpose.
If you believe that someone is violating any community standards or the terms and conditions, use the Report Abuse button on either the community or profile page. If you click Report Abuse, we’ll review your report and take action is appropriate. No all reports result in removal. All reports will be kept confidential.
Links to Third Party Sites
The app may contain links to third-party websites or resources, including FireSonar’s Social Media Assets, which are not owned, operated or controlled by FireSonar or its affiliates. If you use these links, you will leave the Site. You acknowledge and agree FireSonar, its affiliates or service providers, are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to websites or resources do not imply any endorsements of such websites or resources or their content, products, or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Sole Discretion to Edit or Screen Content
FireSonar does not and cannot review and/or screen all communications or materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications or materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, FireSonar is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, FireSonar reserves the right to block or remove any communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) violates any law, regulation or Terms of this Site, or (e) offensive or otherwise unacceptable to FireSonar in its sole discretion. FireSonar reserves the right, but undertakes no duty, to review, edit, move or delete any communication or material provided for display or placed on the Site, in its sole discretion, without notice. If at any time FireSonar chooses, in its sole discretion, to monitor the Site, FireSonar nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
Content Posted by Users
The Site contains content of users and other FireSonar licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site.
FireSonar does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Site and expressly disclaims any and all liability in connection with user content submissions.
You agree that FireSonar and its third party service providers are not responsible, and shall have no liability to you, with respect to any information, communication or materials posted by others, including defamatory, offensive or illicit material, including material that violates these Terms. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
Content Posted to FireSonar’s Social Media Assets
FireSonar uses a variety of third-party social media websites, communication services and media channels such as Facebook, Twitter and Instagram (collectively, “Social Media Assets”) to communicate and interact with our customers. By posting or submitting content to these Social Media Assets, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such content. To the extent submitted content contains images, you represent and warrant that: (a) you are the copyright owner or have obtained the copyright owner’s permission to use such images; (b) you hold the rights necessary to grant the licenses and sub-licenses described in these Terms and Conditions; (c) you have obtained the consent of each person, if any, depicted in such images.
By posting, displaying, uploading, inputting, providing or submitting content to the Site or Social Media Assets, you grant FireSonar a perpetual, irrevocable, sub-licensable license to use worldwide, royalty-free, to copy, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the user content (in whole or in part) and to incorporate such user content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
You agree to indemnify, defend, and hold harmless FireSonar, its parent, subsidiaries, and affiliates, and their respective officers, directors, employees, agents, licensors and suppliers (collectively the “Indemnified Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct), by you or any other person accessing the Site by using your account.
The terms of this agreement will be governed and construed in accordance with the laws of the State of New York and the United States applicable to contracts to be wholly performed in New York. Any action based on or alleging a breach of this Agreement or otherwise relating to this Agreement shall be brought only in a state or federal court located in Kings County, New York State. In any such action if we prevail, we shall be entitled to also recover our legal fees and costs.
We shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs over the Internet or any third party Internet service providers.
These Terms of Service constitute the entire agreement between you and us with respect to this website. This agreement my only be changed by a writing signed by both parties or otherwise executed electronically according to the NYS Electronic Signatures and Records Act (ESRA) Or the federal Electronic Records and Signatures in Commerce Act of 2000. Failure by us to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right. You may not assign any of your rights hereunder. In using any FireSonar products and/or services you agree you will comply with all applicable laws. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with our website and we will cooperate with law enforcement officials as appropriate. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provision shall remain in full force and effect. The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason. The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
In the event of any problem with the Site or any content, you agree that your sole remedy is to cease using the app. Please report any violations of the Terms and Conditions . If you do not understand any of the foregoing Terms and Conditions, please contact us at support@FireSonar.com.