Effective Date: September 18, 2020
WHAT YOU SHOULD KNOW
If you do not agree with these terms, do not use the Service.
FirstRoot reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using the Service after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.
TABLE OF CONTENTS
TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
MEMBERSHIP AND REGISTRATION
THIRD PARTY LINKS
DISCLAIMER OF WARRANTIES AND LIABILITIES
THIRD PARTY RIGHTS
TERM AND TERMINATION
SPECIAL TERMS FOR APPLE IOS USERS
TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
The Service is controlled and operated by FirstRoot, Inc. All content on the Service, including, but not limited to text, images, illustrations, audio clips, and video clips (the “Content”), is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by FirstRoot or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to FirstRoot. Content on the Service or any online service owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You acknowledge that you do not acquire any ownership rights in the Content by using the Service.
You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by email or other electronic means) for commercial use without the prior written consent of FirstRoot or the Providers. You may request consent by email to firstname.lastname@example.org. Without the prior written consent of FirstRoot or the Providers, your modification of the Content, use of the Content on any other website, application, online service, or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Service and/or the Providers’ copyrights, trademarks or service marks and other proprietary rights, and is prohibited. You may not use any trademarks, service marks or copyrighted materials appearing on the Service, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website, application, or online service any of the Content or other materials on the Service without prior written consent of FirstRoot.
As a condition to your use of the Service, you warrant to FirstRoot that you will not use the Service for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use the Service may be terminated immediately without the necessity of any notice. FirstRoot retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.
You are specifically prohibited from any use of the Service, and you agree not to use or permit others to use the Service, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure, including but not limited to “spam” or other such unsolicited mass messaging techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Service; (d) upload, post, email or otherwise transmit any information or Content, which proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy any element of the Service, or the Content without our prior written permission.
MEMBERSHIP AND REGISTRATION
The Service may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. When you create an account for the Service, you will be asked to choose a password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in features of the Service. When you provide information to the Service, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer and devices so that others may not access the password protected portion of the Service using your account in whole or in part. You agree to notify us immediately if you suspect any unauthorized use of or access to your account. You agree to comply with all rules, laws, and regulations that are applicable to your use of the Service, including, without limitation, those governing your transmission or use of any software or data. We reserve the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
THIRD PARTY LINKS
The Service may contain links to other websites. These are provided for your convenience and information only and, as such, you access them at your own risk. The content of any third party sites is not under FirstRoot’s control, and FirstRoot is not responsible for, and does not endorse, such content, whether or not FirstRoot is affiliated with the owners of such third party sites. You may not establish a hyperlink to the Service or provide any links that state or imply any sponsorship or endorsement of your website by FirstRoot or Providers.
FirstRoot grants you the revocable permission to link to the Service; provided, however, that your website, or any third party websites that link to the Service: (a) must not frame or create a browser or border environment around any of the content on the Service or otherwise mirror any part of the Service; (b) must not imply that FirstRoot is endorsing or sponsoring it or its products, unless FirstRoot has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in FirstRoot’s sole opinion, harm us or our products or services; (d) must not use any FirstRoot’s trademarks without prior written permission from FirstRoot; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Service, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, we reserve the right to prohibit linking to the Service for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
DISCLAIMER OF WARRANTIES AND LIABILITY
All content on this Service is provided “as is” and without warranties of any kind either express or implied. other than those warranties which, under the U.S. laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, FirstRoot disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither FirstRoot, or its affiliated or related entities, nor the Providers, nor any person involved in the creation, production, and distribution of this Service warrant that the functions contained in this Service will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that you access on this Service is provided solely for your convenience and information only. FirstRoot does not warrant or make any representations regarding the results that may be obtained from the use of this Service, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this Service.
You expressly agree that use of this Service is at your sole risk. You (and not FirstRoot) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither FirstRoot, nor its affiliated or related entities (including any Providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this Service, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this Service or any other linked Service. By way of example, and without limiting the generality of the foregoing, FirstRoot and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this Service. You expressly acknowledge and agree that FirstRoot is not liable or responsible for any defamatory, offensive or illegal conduct of other users or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, FirstRoot’s liability is limited to the greatest extent permitted by law.
By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
THIRD PARTY RIGHTS
These Terms are for the benefit of FirstRoot and the Providers, its officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Unless otherwise specified, the Content contained in this Service is presented solely for your convenience and/or information. This Service is controlled and operated by FirstRoot from its offices within Sunnyvale, California. FirstRoot makes no representation that Content in the Service is appropriate or available for use in other locations. Those who choose to access this Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Service in violation of U.S. export laws and regulations.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or FirstRoot brings to enforce these Terms, or in connection with any matters related to this Service, shall be brought only in either the state or Federal courts located in and for Santa Clara County, California and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
TERM AND TERMINATION
FirstRoot reserves the right to terminate your access to and use of the Service or any of its features in its sole discretion, without notice and liability, including, without limitation, if FirstRoot believes your conduct fails to conform to these Terms. FirstRoot also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
Upon termination of your access to the Service, or upon demand from FirstRoot, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service.
FirstRoot also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information, or content available on the Service, without limitation, in whole or in part, including the cessation of all activities associated with the Service, with or without notice. You agree that FirstRoot will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any part thereof. FirstRoot also reserves the right to charge for use of the Service, in whole or in part, and to change its fees from time to time in its discretion.
The failure of FirstRoot to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit FirstRoot’s rights with respect to such breach or any subsequent breaches. No waiver by FirstRoot of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of FirstRoot. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. FirstRoot may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without FirstRoot’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against FirstRoot by virtue of FirstRoot having drafted them.
FirstRoot will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond FirstRoot’s reasonable control, including, without limitation, acts of God, war, terrorism, epidemic or pandemic, accidents, fires, floods, strikes, labor disputes, shortages or delays in obtaining supplies or service, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
SPECIAL TERMS FOR APPLE iOS USERS
Notwithstanding any other provision within these Terms, the following additional terms are applicable to those using the Service on Apple’s iOS platform: You understand that these Terms are between you and us only, and not with Apple. FirstRoot, not Apple, is solely responsible for the Service and there content thereof. You further understand that the Service may not be used in any manner inconsistent with the Apple App Store Terms of Service as of the Effective Date. You are granted a license to use the Service on any iOS device that you own or control and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. We are solely responsible for providing maintenance and support for the Service, as specified in these terms or as required under applicable law. You understand that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Service to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product-liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law. In the event of any third-party claim that the Service or your possession and use of such Service infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. If you have any questions or concerns regarding the Service, please contact us as described below.
If you have any questions about these Terms, please contact us at email@example.com.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY FIRSTROOT.