These Terms and Conditions of Use (the “Terms and Conditions”) apply to all Firmworks, LLC and its subsidiaries’ and affiliates’ (“Firmworks”) websites and digital products (each, a “Website”) and are between the user of the Website (“User”) and Firmworks.
Access to the Website or use of the Website content constitutes User’s agreement with these terms and Conditions. User acknowledges that User has read these Terms and Conditions and that User accepts the terms thereof.
USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE.
Firmworks reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of changes in these Terms and Conditions will be posted on the Website, and User’s continued use of the Website affirmatively indicates User’s acknowledgment of such changes and User’s agreement to be bound by the Terms and Conditions as modified. Unless otherwise agreed in writing, User’s right to use the Website is not transferable and is subject to any restrictions established by Firmworks. Firmworks may change, suspend, or discontinue any aspect of the Website at any time, at its sole discretion, without prior notice and without liability to User or any third party for such change, suspension, or discontinuance. Firmworks may also impose limits on certain features and services or restrict User’s access to parts or all of the Website without notice or liability.
SHOULD USER OBJECT TO ANY OF THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT CHANGE OR MODIFICATION TO THESE TERMS AND CONDITIONS, OR SHOULD USER BECOME DISSATISFIED WITH THE WEBSITE IN ANY WAY, USER’S ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE. SO LONG AS USER CONTINUES TO USE THE WEBSITE, FIRMWORKS WILL CONTINUE TO RELY ON USER’S FULL AND UNQUALIFIED ACCEPTANCE AND COMPLIANCE WITH THESE TERMS AND CONDITIONS.
User shall not have the right to sell, license, market, or lease the Website content to any party whatsoever without the prior written consent of Firmworks. User shall not have the right to distribute the Website content in any manner to any third party or unauthorized user.
User hereby acknowledges that, as between Firmworks and User or any party acting through User, all title to and ownership of the Website and its content remains vested in Firmworks and nothing in these Terms and Conditions serves to transfer such ownership or title to User or any party acting through User. All copies and representations of content from the Website, including merged or modified portions, shall as between User and Firmworks remain Firmworks’s exclusive property, shall continue to be subject to these Terms and Conditions, and shall contain all Firmworks copyright and other proprietary notices.
User agrees to use the Website only non-commercially, and only for User’s bona fide development or legitimate business purposes in accordance with these Terms and Conditions. User shall use all reasonable Firmworkss not to permit or allow the Website to be used by any party whatsoever for purposes not connected with User’s non-commercial, legitimate business purposes. User agrees to report promptly to Firmworks any observed violation of the above. User agrees that the Website shall not be used in any manner or for any purpose other than the permitted purposes as expressly described in these Terms and Conditions.
User shall notify the Website’s Webmaster of any known or suspected unauthorized use(s) of the Website through User’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User’s means of access.
User may not share User’s means of access with others. User acknowledges that User is responsible for all usage or activity on User’s Website account, including such use of the account by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s account, at Firmworks’ sole discretion, and User may be referred to appropriate law enforcement agencies. User agrees to indemnify, defend, and hold Firmworks harmless against liability for any and all use of User’s account.
The contents of the Website are intended for the benefit of User’s legitimate non-commercial business. All materials displayed on the Website (including, but not limited to articles, reports, photographs, images, illustrations, audio clips and video clips, each also known as the “Content”) are protected by copyright, and owned or controlled by Firmworks or the party credited as the provider of the Content, software, or other materials. Users shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Website. User acknowledges that he/she has no claim of ownership or other right to any Content by reason of its access, use, or otherwise.
The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Copying or storing of any Content for other than User’s legitimate non-commercial business end-use is expressly prohibited without the prior written permission of Firmworks or the copyright holder identified in the individual Content’s copyright notice. IN NO EVENT SHALL USER ALTER OR DELETE ANY AUTHOR ATTRIBUTION OR COPYRIGHT NOTICE.
Except as specifically provided in these Terms and Conditions, User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, display, or in any way exploit, any of the Content, software, materials, or the Website in whole or in part. No use is permitted which benefits any party other than Firmworks or User.
Firmworks products referenced in a Firmworks digital product or website are either trademarks or registered trademarks of Firmworks. Other featured logos, product and company names are or may be service/trademarks of their respective owners.
You still own the content that you provide to Firmworks under this agreement, but you the User grant Firmworks an irrevocable and perpetual license to use any User-generated content posted on the Website by User, including the right to sub-license such User-generated content.
User represents and warrants that all content submitted to Firmworks by User is owned by User or that they have the rights to submit to Firmworks and that this submission is not in violation of any law, contractual restrictions, or other third party rights and is not obscene, threatening, harassing, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
Neither Firmworks nor any of the Websites represents or endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, downloaded, uploaded, or distributed through the Website by any user, information provider, or any other person or entity. User acknowledges that any reliance upon any such opinion, advice, statement, or information shall be at User’s sole risk. Firmworks reserves the right but not the obligation, in its sole discretion, to correct any errors or omissions in any portion of the Website.
THE WEBSITE IS DISTRIBUTED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEBSITE OR ANY MATERIALS OBTAINED THROUGH THE WEBSITE ARE VIRUS-FREE OR ERROR-FREE. NEITHER FIRMWORKS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE CONTENT SHALL BE LIABLE UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) FOR ANY LOSS OR DAMAGE THAT MAY ARISE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, USER’s INABILITY TO USE, OR USER’s USE OF THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, ECONOMIC, LOST PROFIT, OR CONSEQUENTIAL DAMAGES, OR OTHER KIND OF LOSS OR DAMAGE WHATSOEVER, EVEN IF FIRMWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL USER BE ENTITLED UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) TO ANY MONETARY DAMAGES IN EXCESS OF ANY FEE PAID BY USER FOR USE OF THE WEBSITE DURING THE 3-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. USER’s RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT USER MAY HAVE OTHERWISE HAD AGAINST FIRMWORKS. USER EXPRESSLY ACKNOWLEDGES THAT USE OF THE WEBSITE IS AT USER’s SOLE RISK.
The Website contains links to other related Internet sites, resources, and sponsors of the Website. Firmworks is not responsible in any way for the availability of these outside resources or their contents. User should direct any concerns regarding any external link to that link’s site administrator or webmaster.
Firmworks is not responsible for the contents of any linked site or any link contained in a linked site. Firmworks is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Firmworks of the linked site or its contents.
These Terms and Conditions shall be construed and enforced in accordance with Tennessee law. Any action to enforce these Terms and Conditions shall be brought in the federal or state courts located in Nashville, Davidson County, Tennessee.
Any rights not expressly granted to User in these Terms and Conditions are reserved to Firmworks.
Any failure by Firmworks to enforce any provision of these Terms and Conditions shall not be construed as a continuing waiver of any rights under such provision.
These Terms and Conditions represent the entire agreement between Firmworks and User concerning User’s use of the Website and supersede any prior understanding or agreement whether oral or written.
By submitting your email address and other subscription details, you are making an offer to us to enter into a contract. By entering into a subscription, registering for an account, signing up for our webcasts, white papers or any other content, you will be contracting with Firmworks, LLC or one of its subsidiaries or affiliates. A contract is formed when we have accepted your offer, at which point we will provide the product or services that you have requested. Firmworks reserves the right to reject any offer at its sole discretion, for any or no reason, and if there was payment, we will refund you the subscription fees paid.
These terms and conditions were published March 8, 2019 and replace with immediate effect all previous terms and conditions.