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PaFirefighter.net
Access and Use Agreement
Please read this Agreement carefully before accessing
PaFirefighter.net . As a condition to and in consideration of receiving and
accessing PaFirefighter.net , the User agrees to be bound by the terms of this
Agreement. Use of or access to PaFirefighter.net shall constitute acceptance of
and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY
THIS AGREEMENT, DO NOT ACCESS PaFirefighter.net . If you have any questions
about this Agreement, please contact us via e-mail at
weblink@PaFirefighter.net
PaFirefighter.net Access and Use Agreement
THIS AGREEMENT "Agreement" is entered into by and
between PaFirefighter.net and any individual, corporation, association, agency,
company, or other entity who accesses or uses PaFirefighter.net (the "User" or
"you").
PaFirefighter.net is a World Wide Web site on the
Internet that is designed to allow users to post classified ads and/or to view
ads posted by other users or interact with those users. PaFirefighter.net
contains or may contain information, communications, opinions, text, graphics,
links, electronic art, animations, audio, video, software, photos, music, sounds
and other material and data (collectively, "Content") formatted, organized and
collected in a variety of forms that are generally accessible to Users,
including directories and databases, and areas of PaFirefighter.net that can be
modified by Users, such as posting ads, uploading multimedia files, registering
user profiles, and creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to PaFirefighter.net .
You are responsible for providing all hardware,
software, telephone or other communications equipment and/or service to connect
to the Internet and access PaFirefighter.net and are responsible for all
Internet access charges, telephone charges or other fees or charges incurred in
connecting to the Internet and accessing PaFirefighter.net .
1.2 User Conduct.
You agree to access and use PaFirefighter.net
only for lawful purposes. You are solely responsible for the knowledge of and
adherence to any and all laws, statutes, rules and regulations, pertaining to (i)
your use of PaFirefighter.net , including any Interactive Area, (ii) the use of
any networks or other services connected to PaFirefighter.net , and (iii) the
communications means by which you connect your modem, computer, or other
equipment to PaFirefighter.net . By accessing PaFirefighter.net , you agree that
you will not:
(1) restrict or inhibit any other user from
using and enjoying the Interactive Features;
(2) post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane, or indecent 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 international law;
(3) post or transmit any information,
software, or other material which violates or infringes in the rights of
others, including material which is an invasion of privacy or publicity
rights or which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first obtaining
permission from the owner or right holder.
(4) post or transmit any information,
software or other material which contains a virus or other harmful
component;
(5) alter, damage or delete any Content or
other communications that are not your own Content or to otherwise interfere
with the ability of others to access PaFirefighter.net ;
(6) disrupt the normal flow of communication
in an Interactive Area;
(7) claim a relationship with or to speak for
any business, association, institution or other organization for which you
are not authorized to claim such a relationship;
(8) violate any operating
rule, policy or guideline of your Internet access provider or online
service.
2. Intellectual Property Rights
2.1 PaFirefighter.net content.
(a) You acknowledge that Content on
PaFirefighter.net is generally provided by PaFirefighter.net , individual
contributors of Content ("Contributors"), third party licensees, and/or other
Users. You acknowledge that PaFirefighter.net permits access to Content that is
protected by copyrights, trademarks, and other proprietary (including
intellectual property) rights ("Intellectual Property Rights"), and that these
Intellectual Property Rights are valid and protected in all media existing now
or later developed and except as is explicitly provided below, your use of
Content shall be governed by applicable copyright and other intellectual
property laws. You acknowledge that PaFirefighter.net owns a copyright in the
"look and feel," i.e., the selection, coordination, arrangement and presentation
of such Content.
(b) You may not modify, copy, reproduce,
transmit, distribute, publish, create derivative works from, display or
otherwise transfer or commercially exploit any of the Content, in whole or in
part, provided, however, that you may (i) make a reasonable number of digital or
other form of copies to permit your computer hardware and software to access and
view the Content, (ii) print one copy of each piece of Content, (iii) make and
distribute a reasonable number of copies of Content, in whole or in part, in
hard copy or electronic form for internal use only. Any permitted copies of
Content must reproduce in an unmodified form any notices contained in the
Content, such as all Intellectual Property Right notices, and an original source
attribution to "PaFirefighter.net " and its URL address. You acknowledge that
PaFirefighter.net, its Contributors, and/or Users remain the owners of the
Content and that you do not acquire any Intellectual Property Rights by
downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or
otherwise transmit, post, publish, reproduce or distribute, on or through
PaFirefighter.net only Content that is not subject to any Intellectual Property
Rights, or Content in which any holder of Intellectual Property Rights has given
express authorization for distribution over the Internet and on
PaFirefighter.net , without restriction whatsoever. Any Content submitted with
the consent of a copyright owner other than you should contain a phrase such as
"Copyright owned by [name of owner]; Used by Permission." By submitting Content
to any Interactive Area, you automatically grant and/or warrant that the owner
of such Content, whether it be You or a third party, has expressly granted to
PaFirefighter.net the royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, sublicense, distribute,
perform, and display such Content, in whole or in part, worldwide and/or to
incorporate it in other works in any form, media, or technology now known or
later developed for the full term of any Intellectual Property Rights that may
exist in such Content. You also permit PaFirefighter.net to sublicense to third
parties the unrestricted right to exercise any of the foregoing rights granted
with respect to such Content. You also permit any User to access, view, store
and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that PaFirefighter.net may
include various interactive areas ("Interactive Areas"), including but not
limited to classified ads. These Interactive Areas allow feedback to
PaFirefighter.net and real-time interaction between users. You further
understand that PaFirefighter.net does not control the messages, information, or
files delivered to such Interactive Areas and that PaFirefighter.net may offer
you and other Users the capability of creating and managing an Interactive Area.
However, neither PaFirefighter.net, its subsidiary and parent companies, or
affiliates, nor their respective directors, officers, employees and agents are
responsible for Content within any Interactive Area. Your use and/or management
of an Interactive Area will be governed by this Agreement and any additional
rules or operating procedures of any Interactive Area established by you or
another User, as applicable. You recognize that PaFirefighter.net cannot, and
does not intend to, screen communications in advance. Moreover, because
PaFirefighter.net encourages open and candid communication in the Interactive
Areas, PaFirefighter.net cannot determine in advance the accuracy or conformance
to this Agreement of any Content transmitted in an Interactive Area.
PaFirefighter.net is not responsible for screening, policing, editing, reviewing
or monitoring any Content in an Interactive Area. Notwithstanding the above, you
agree that PaFirefighter.net has the right to monitor any Interactive Area, from
time to time and to disclose any information as necessary to satisfy any law,
regulation or other governmental request, to operate the Interactive Area, or to
protect itself or other Users. If notified of Content that is alleged not to
conform to this Agreement, PaFirefighter.net may investigate the allegation and
determine in its sole discretion whether to remove or request the User to remove
such Content. PaFirefighter.net reserves the right to prohibit conduct,
communication or Content within an Interactive Area, or to edit, refuse to post,
or to remove any Content, in whole or in part, which it deems in its sole
discretion to (i) violate the then-standard provisions of this Agreement or any
other standard, written PaFirefighter.net policy in effect at that time, (ii) be
harmful to the rights of any User, PaFirefighter.net , or other third parties,
(iii) violate applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction
with any policies, guidelines, or practices of PaFirefighter.net in operating
PaFirefighter.net , or any change in Content, is for you to discontinue
accessing PaFirefighter.net . PaFirefighter.net may terminate or temporarily
suspend your access to all or any part of PaFirefighter.net , without notice,
for conduct that PaFirefighter.net believes is a violation of this Agreement or
any policies or guidelines posted by PaFirefighter.net , or for other conduct
which PaFirefighter.net believes, in its sole discretion, is harmful to
PaFirefighter.net or other Users. PaFirefighter.net may discontinue operating
PaFirefighter.net and terminate this Agreement without notice at any time for
any reason in its sole discretion. In the event of termination, you are no
longer authorized to access PaFirefighter.net , including the Interactive Areas,
and the restrictions imposed on you with respect to Content downloaded from
PaFirefighter.net , as well as the disclaimers and limitations of liabilities
set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations
of Liability
5.1 Links.
You understand that except for Content, products or services expressly available
at PaFirefighter.net , neither PaFirefighter.net , its subsidiary and parent
companies, or affiliates, or their respective directors, officers, employees,
and agents controls, provides, or is responsible for any Content, goods or
services available through sites on the Internet linked to or from
PaFirefighter.net . All such Content, goods and services are made accessible on
the Internet by independent third parties and are not part of PaFirefighter.net
or controlled by PaFirefighter.net . PaFirefighter.net neither endorses nor is
responsible for the accuracy, completeness, usefulness, quality or availability
of any Content, goods or services available on any site linked to or from
PaFirefighter.net , which are the sole responsibility of such independent third
parties, and your use thereof is solely at your own risk. Neither
PaFirefighter.net , its subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, and agents shall be held responsible
or liable, directly or indirectly, for any loss or damage caused or alleged to
have been caused by your use of or reliance on any Content, goods or services
available on any site linked to or from PaFirefighter.net or your inability to
access the Internet or any site linked to or from PaFirefighter.net .
5.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all information contained or
opinions expressed on PaFirefighter.net . It is the policy of PaFirefighter.net
not to endorse or oppose any opinion expressed by a User or Content provided by
a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR
USE OF PaFirefighter.net IS AT YOUR SOLE RISK. NEITHER PaFirefighter.net NOR ANY
OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR
OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT
PaFirefighter.net OR ANY INTERNET SITE LINKED TO OR FROM PaFirefighter.net WILL
BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
PaFirefighter.net OR ANY INTERNET SITE LINKED TO OR FROM PaFirefighter.net OR AS
TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS,
NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT,
INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH PaFirefighter.net OR ANY
SITE LINKED TO OR FROM THE . PaFirefighter.net IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
5.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL PaFirefighter.net , ITS SUBSIDIARY AND PARENT
COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, PaFirefighter.net ,
OR ANY INTERNET SITE LINKED TO OR FROM PaFirefighter.net , WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION,
INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL
SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE
ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION,
OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL PaFirefighter.net ,
ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO
YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN
RELIANCE ON THE CONTENT CONTAINED WITHIN PaFirefighter.net OR THE CONTENT
CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM PaFirefighter.net . THE
CONTENT WITHIN PaFirefighter.net AND THE CONTENT WITHIN INTERNET SITES LINKED TO
OR FROM PaFirefighter.net MAY
INCLUDE TECHNICAL OR OTHER INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN;
THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF PaFirefighter.net AND
SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. PaFirefighter.net AND ITS
CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND
FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
PaFirefighter.net IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR
OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY
PaFirefighter.net SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF
PaFirefighter.net , IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING PaFirefighter.net .
6. Indemnity
You agree to indemnify and hold PaFirefighter.net
, its parent or subsidiary companies and their affiliates, and their respective
directors, officers, employees, and agents from any and all liabilities, claims
and expenses, including reasonable attorneys fees, arising from breach of this
Agreement, any other policy, your use or access of PaFirefighter.net or any
Internet site linked to or from PaFirefighter.net , or in connection with the
transmission of any Content on PaFirefighter.net .
7. Miscellaneous
This Agreement comprises the
entire agreement between PaFirefighter.net and you, and supersedes any prior
agreements with respect to the subject matter herein. PaFirefighter.net may
revise this Agreement or any other policy at any time and from time to time, and
such revision shall be effective two (2) days upon posting notice of such
revision prominently on PaFirefighter.net . You agree to review this Agreement
periodically to be aware of such revisions. If any such revision is unacceptable
to you, you must discontinue accessing PaFirefighter.net . Your continued
accessing and use of PaFirefighter.net following notice of any such revision
shall conclusively be deemed acceptance of all such revisions. The provisions of
Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or
expiration of this Agreement. If any provision of this Agreement or any other
policy be held invalid or unenforceable, that portion shall be construed in
accordance with applicable law as nearly as possible to reflect the original
intention of the parties and the remaining portions will continue in full force
and effect. The failure of PaFirefighter.net to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. This Agreement shall be governed by the laws
of the state or province of domicile of PaFirefighter.net , excluding its
conflict of laws rules, and you and PaFirefighter.net each submit to the
exclusive jurisdiction of the courts of that state or province. This Agreement
is personal to you and you may not assign your rights or obligations there under
to anyone. All logos, brand names, products, trademarks and service marks
appearing herein may be the trademarks or service marks of their respective
owners. References to any trademark, service mark and links to or from
PaFirefighter.net have been done strictly for clarification and identification
and does not constitute endorsement by PaFirefighter.net of the products,
services or information offered by the owner of such trademark, service mark or
link or endorsement of PaFirefighter.net by such trademark, service mark or link
owner.
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