Terms of Use

WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE

General

Copyright 2014, FirstFuel Software, Inc. All rights reserved. This website and all content in this website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without FirstFuel’s prior written consent, except that FirstFuel grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this site, solely on your computer and for your personal, non-commercial use of this website. This permission is conditioned on your not modifying the content displayed on this website, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this website. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this website with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices

Your failure to comply with the terms, conditions, and notices on this website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, FirstFuel does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another website or in any other media.

Certain disclaimers

Information on this website is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. FirstFuel assumes no responsibility (and expressly disclaims responsibility) for updating this website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

FirstFuel provides no assurances that any reported problems will be resolved by FirstFuel, even if FirstFuel elects to provide information with the goal of addressing a problem.

Linking to this website

All links to this website must be approved in writing by FirstFuel, except that FirstFuel may consent to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with FirstFuel; (c) imply that FirstFuel approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about FirstFuel or otherwise damage the goodwill associated with the FirstFuel name or trademarks. As a further condition to being permitted to link to this site, you agree that FirstFuel may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any FirstFuel trademark.

Linking from this website

This website may contain links to third-party sites. FirstFuel is not responsible for the accuracy, or reliability of any content on any websites that we link to. Further, the presence of a link to a third-party site does not mean that FirstFuel endorses that site, its products, or views expressed there. FirstFuel provides these links merely for convenience and the presence of such third-party links are not an endorsement or recommendation by FirstFuel.

Confidential information

FirstFuel does not want to receive confidential or proprietary information from you through our website. Please note that you are agreeing that any information or material sent to FirstFuel will be on a NON- confidential basis. By sending FirstFuel any information or material, you grant FirstFuel an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. In addition, by submitting any such information to FirstFuel you agree to a no-charge assignment to FirstFuel of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. FirstFuel shall be free to use such information on an unrestricted basis.

Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the website or FirstFuel’s services (collectively “Feedback”), you agree we may use the Feedback to modify our Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the websites or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

Disclaimer of warranty

USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. FIRSTFUEL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, FIRSTFUEL MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of liability

IN NO EVENT WILL FIRSTFUEL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF FIRSTFUEL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

You may not access, download, use, or export information (including any software, products or services) contained on this website in violation of U.S. export laws or regulations, or in violation of any applicable laws or regulations.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide FirstFuel’s designated agent with the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  2. Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
  3. Identification or description of where the material that you claim is infringing is located on the FirstFuel site, with enough detail that we may find it on FirstFuel’s website;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

FirstFuel’s agent designated to receive claims of copyright or other intellectual property infringement may be by mail at: FirstFuel Registered Agent, FirstFuel Software, Inc. 420 Bedford St. Lexington, MA 02420 or by email at copyright@firstfuel.com.

Governing law and jurisdiction

This FirstFuel website is controlled by FirstFuel from its offices in Massachusetts, United States of America. All matters relating to your access to, or use of any FirstFuel website shall be governed by U.S. federal law or the laws of the Commonwealth of Massachusetts. Any legal action or proceeding relating to your access to or use of any FirstFuel website shall be instituted in a state or federal court in Middlesex County, Massachusetts. You and FirstFuel agree to submit to the jurisdiction of, and agree that venue is proper in these courts.

Revisions

FirstFuel may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site