|FirstRecords, LLC™ Terms Of Service
By accessing FirstReport Online or TrainFirst with a UserID and Password, you agree to these Terms of Service.
Terms of Service. Version 1.3
General Terms and Conditions:
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, modem and specified browser and plug-in software.
You agree that use of the Service, including any applets, software, content and services accessible therein, is entirely at your own risk. The service is provided "as is," without warranty of any kind, either express or implied, and FirstRecords and its suppliers disclaim any and all warranties, including, but not limited to: (1) any warranties concerning access to the service and the availability, accuracy and usefulness of any content, products or services and (2) any warranties of title, warranty of non-infringement, and warranties of merchantability or fitness for a particular purpose. FirstRecords does not warrant that the service is free from bugs, viruses, errors, or other program limitations nor does FirstRecords warrant access to the Internet or to any other service or content through the service. The entire liability of FirstRecords and its representatives (as defined below) for any reason shall be limited to the amount paid by the customer for the related services purchased from FirstRecords, its authorized reseller or its service providers. To the maximum extent permitted by applicable law, FirstRecords and its subsidiaries, affiliates, licensors, participating financial institutions, third-party content or service providers, distributors, dealers or suppliers ("representatives") are not liable for (a) any damages resulting from your use of or other reliance on the service or any content therefrom or (b) any indirect, special, incidental, or consequential damages (including, but not limited to: damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if FirstRecords or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The limitations of damages set forth above are fundamental elements of the basis of the bargain between FirstRecords and you. FirstRecords would not be able to have provided this service to you without such limitations.
FirstRecords is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Web site, and is the copyright owner or licensee of the content and/or information on this Web site including but not limited to any screens appearing at the site. However, FirstRecords does not own any logos or trademarks provided by clients for private label branding, and the data entered into the web site by clients is the property of the clients. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this site for your personal use or records. If you make other use of this site, except as otherwise provided above, you may violate copyright and other laws of the United States or other countries, as well as applicable state law and may be subject to penalties. FirstRecords does not grant any license or other authorization to any user of its or any Third Party's trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Web site.
FirstRecords reserves the right, without prior notice, to change any information on this Service, including but not limited to, the features, services or other information. Clicking on certain links within this Web site might take you to other Web sites for which FirstRecords assumes no responsibility of any kind for the content, availability or otherwise. (See "Third-Party Links From and To Service" below.) The content presented at this site may vary depending upon your browser limitations.
Third Party Provided Content or Services:
Neither FirstRecords nor any of its content or service providers or other representatives (including, but not limited to FirstReport Software, Inc.) shall be liable for any errors, omissions or delays in the content, or for any actions taken in reliance thereon.
User Conduct On the Service:
While using the Web site, you may not:
Attempt to access an account that you are not authorized to access and for which you do not have a legitimate UserID and Password;
Restrict or inhibit any other user from using and enjoying the Service;
Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by FirstRecords) or engage in spamming or flooding; or
Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
Post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
Upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.
FirstRecords has no obligation to monitor the Service. However, you acknowledge and agree that FirstRecords has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself and its representatives and subscribers. FirstRecords will not intentionally monitor or disclose any private electronic-mail message unless required by law. FirstRecords reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Third Party Links From and To Service:
You acknowledge and agree that FirstRecords has no responsibility for the accuracy or availability of information or services provided by third party linked sites. Links to such sites do not constitute an endorsement by FirstRecords or its representatives of such sites or the content, services, products, advertising or other materials presented on such sites.
Information in the many Web pages that are linked to the Service comes from a variety of sources. Some of this information comes from official FirstRecords licensees, but some may come from unofficial or unaffiliated organizations and individuals, both internal and external to FirstRecords. FirstRecords does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that FirstRecords shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, services, products advertising or other materials available on such sites.
If you wish to make purchases through the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold FirstRecords liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Service. You agree that all information you provide to any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.
The Terms of Service and the relationship between you and FirstRecords shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and FirstRecords agree to submit to the personal and exclusive jurisdiction of the courts located within the state of North Carolina.
FirstRecords reserves the right to change the pricing structure at any time, and to quote individual subscription rates based upon individual subscriber requirements. The published subscription pricing is based upon usage levels reasonably expected from locations with up to 400 employees. FirstRecords reserves the right to revise pricing for any subscriber (after notifying the subscriber) if usage levels are substantially in excess of expected levels.
The failure of FirstRecords to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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