This is the
user agreement (the "Agreement" or "User Agreement") for GetFirepow.com or Firepow.com.
Dreamlife Softwares Pty Ltd. provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated by
Dreamlife Softwares Pty Ltd. from time to time without notice to you.
This Agreement describes the terms and conditions applicable to your
use of our products and services. If you do not agree to be bound by
the terms and conditions of this Agreement, you are not permitted to
access our website, resources, or services.
You must read, agree with and accept all of the terms and conditions
contained in this User Agreement and the Privacy Policy, which include
those terms and conditions expressly set out below and those
incorporated by reference, before you may access our site, Firepow.com.
By viewing, visiting, using or interacting with this website or with
any banner, advertising or popup that appears on it, you are agreeing
to all the provisions of this terms of use policy and the privacy
policy of this website.
Copyrighted Materials:
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Dreamlife Softwares Pty Ltd., its affiliates or other
third party licensors. You may not modify, copy, reproduce, republish,
upload, post, transmit or distribute, in any manner, the material on
the site, including texts, graphics, code, content and software. You
may print and download portions of material from the different areas of
the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the
materials. You agree to grant to Dreamlife Softwares Pty Ltd. a
non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to Dreamlife Softwares Pty Ltd. by all means
and in any media now known or hereafter developed. You also grant to
Dreamlife Softwares Pty Ltd. the right to use your name in connection
with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
Dreamlife Softwares Pty Ltd. for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
Dreamlife Softwares Pty Ltd.
Trademarks:
Publications, products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of Dreamlife
Softwares Pty Ltd.. Other product and company names mentioned in the
Site may be the trademarks of their respective owners.
Website Ownership:
The website and its contents are owned or licensed by the website.
Material contained on the website must be presumed to be proprietary
and copyrighted. Visitors have no rights whatsoever in the site
content. Use of website content for any reason is unlawful unless it is
done with express contract or permission of the website.
Licensing Restrictions:
Users agree to abide by any and all licensing rules or restrictions
that have been created by the owners of the works contained within the
Firepow.com website.
Minimum Age:
Services are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, our
services are not available to minors. You must be AT LEAST 18 years old
to access the Firepow.com website, resources, and services. All persons
under the age of 18 are denied access to this website. If you are under
18 years of age, it is unlawful for you to visit, read or interact with
this website its services and contents in any manner. This website
specifically denies access to any individual that is covered by the The
Children's Online Privacy Protection Act (COPA) of 1998. We do not
direct this website to minors, nor do we knowingly collect any personal
information from children under the age of thirteen.
Liability:
In no event shall Dreamlife Softwares Pty Ltd. be liable for any
punitive, special, direct, indirect, incidental, or consequential
damages, whether arising under contract, warranty, or tort (including
negligence or strict liability) or any other theory of liability.
Applicable law may not allow the limitation or exclusion of liability
or incidental or consequential damages, so the above limitation or
exclusion may not apply to you. Our liability for damages, regardless
of the form of the action, shall not exceed the fee paid for the
service. We cannot be held responsible for factors beyond our control
that may interfere with our ability to provide access to our website.
Such factors include, but are not limited to server downtime,
password/verification problems, or network outages beyond our servers.
Write Consultants, Inc. does not warrant that the functions contained
in the materials, resources or services offered will be uninterrupted
or error-free, that defects will be corrected, or that this site are
free of viruses or other harmful elements. In no event will Dreamlife
Softwares Pty Ltd. be liable to any party for any direct, indirect,
punitive, special, incidental or other consequential damages arising
directly or indirectly from any use of the products or resources
contained within the firepow.com website. All products and resources
are provided "as is" and without warranties.
These include (but are not limited to) damages or injury caused by any:
* use of (or inability to use) the site
* use of (or inability to use) any site to which you hyperlink from our site
* failure of our site to perform in the manner you expected or desired
* error on our site
* omission on our site
* interruption of availability of our site
* defect on our site
* delay in operation or transmission of our site
* computer virus or line failure
Please note that we are not liable for any damages, including:
Damages intended to compensate someone directly for a loss or injury
damages reasonably expected to result from a loss or injury (known in
legal terms as "consequential damages.")
Other miscellaneous damages and expenses resulting directly from a loss
or injury (known in legal terms as "incidental damages.") We are not
liable even if we’ve been negligent or if our authorized
representative has been advised of the possibility of such damages or
both.
Exception: Certain state laws may not allow us to limit or exclude
liability for these "incidental" or "consequential" damages. if you
live in one of those states, the above limitation obviously would not
apply which would mean that you might have the right to recover these
types of damages.
However, in any event, our liability to you for all losses, damages,
injuries, and claims of any and every kind (whether the damages are
claimed under the terms of a contract, or claimed to be caused by
negligence or other wrongful conduct, or they’re claimed under
any other legal theory) will not be greater than the amount you paid if
anything to access our site.
Indemnification:
You agree to indemnify, defend and hold harmless Dreamlife Softwares
Pty Ltd., its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service from
and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or any other
person accessing the Service.
Use of Site and/or Service:
You understand that, except for information, products or services
clearly identified as being supplied by Dreamlife Softwares Pty Ltd.,
Dreamlife Softwares Pty Ltd. does not operate, control or endorse any
information, products or services on the Internet in any way. Except
for Dreamlife Softwares Pty Ltd. - identified information, products or
services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that
are not affiliated with Dreamlife Softwares Pty Ltd. a. You also
understand that Dreamlife Softwares Pty Ltd. cannot and does not
guarantee or warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan horses or
other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and
the internet. Dreamlife Softwares Pty Ltd. provides the site and
related information "as is" and does not make any express or implied
warranties, representations or endorsements whatsoever (including
without limitation warranties of title or no infringement, or the
implied warranties of merchantability or fitness for a particular
purpose) with regard to the service, any merchandise information or
service provided through the service or on the internet generally, and
Dreamlife Softwares Pty Ltd. shall not be liable for any cost or damage
arising either directly or indirectly from any such transaction. It is
solely your responsibility to evaluate the accuracy, completeness and
usefulness of all opinions, advice, services, merchandise and other
information provided through the service or on the internet generally.
Write Consultants, Inc. does not warrant that the service will be
uninterrupted or error-free or that defects in the service will be
corrected.
You understand further that the pure nature of the internet contains
unedited materials some of which are sexually explicit or may be
offensive to you. Your access to such materials is at your own risk.
Write Consultants, Inc. has no control over and accepts no
responsibility whatsoever for such materials.
Contents of Site:
The website disclaims any responsibility for the accuracy of the
content of this website. Visitors assume the all risk of viewing,
reading, using, or relying upon this information. Unless you have
otherwise formed an express contract to the contrary with the website,
you have no right to rely on any information contained herein as
accurate. The website makes no such warranty. Visitor downloads
information from this site at this own risk. Website makes no warranty
that downloads are free of corrupting computer codes, including, but
not limited to, viruses and worms.
Use of Information:
Unless you have entered into an express written contract with this
website to the contrary, visitors, viewers, subscribers, members,
affiliates, or customers have no right to use this information in a
commercial or public setting; they have no right to broadcast it, copy
it, save it, print it, sell it, or publish any portions of the content
of this website. By viewing the contents of this website you agree this
condition of viewing and you acknowledge that any unauthorized use is
unlawful and may subject you to civil or criminal penalties. Again,
Visitor has no rights whatsoever to use the content of, or portions
thereof, including its databases, invisible pages, linked pages,
underlying code, or other intellectual property the site may contain,
for any reason for any use whatsoever. Visitor warrants that he or she
understands that accepting this provision is a condition of viewing and
that viewing constitutes acceptance.
Submitting Your Online Material to Us:
Visitor agrees as a condition of viewing, that any communication
between Visitor and Website is deemed a submission. All remarks,
suggestions, ideas, graphics, comments, or other information that you
send to Dreamlife Softwares Pty Ltd. through our site (other than
information we promise to protect under our privacy policy becomes and
remains our property, even if this agreement is later terminated. That
means that we don’t have to treat any such submission as
confidential. You can’t sue us for using ideas you submit. If we
use them, or anything like them, we don’t have to pay you or
anyone else for them. We will have the exclusive ownership of all
present and future rights to submissions of any kind. We can use them
for any purpose we deem appropriate to our Dreamlife Softwares Pty Ltd.
mission, without compensating you or anyone else for them. You
acknowledge that you are responsible for any submission you make. This
means that you have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and copyright.
Visitor agrees to only communicate that information to the Website,
which it wishes to forever allow the Website to use in any manner as it
sees fit. Submissions is also a provision of the Privacy Policy.
Disputes:
As part of the consideration that the Website requires for viewing,
using or interacting with this website, visitor agrees to use binding
arbitration for any claim, dispute, or controversy ("CLAIM") of any
kind (whether in contract, tort or otherwise) arising out of or
relating to this purchase, this product, including solicitation issues,
privacy issues, and terms of use issues.
You and we agree that any and all disputes arising out of or related to
this Agreement shall be decided by binding arbitration pursuant to the
Commercial Arbitration Rules of the American Arbitration Association
which are in effect on the date a dispute is submitted to the American
Arbitration Association.
Information about the American Arbitration Association, its rules, and
its forms are available from the American Arbitration Association, 335
Madison Avenue, Floor 10, New York, New York, 10017-4605 or at
http://www.adr.org. Hearing will take place in the city or county of
the Seller.
In no case shall the viewer, visitor, member, subscriber or customer
have the right to go to court or have a jury trial. Viewer, visitor,
member, subscriber or customer will not have the right to engage in
pre-trial discovery except as provided in the rules; you will not have
the right to participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with limited rights of
appeal.
You represent and agree that you are purchasing our services or
products for business purposes, and not for any consumer, personal, or
household use, and that you are not deemed to be a 'consumer' and will
not invoke arbitration rules applicable to consumers.
The prevailing party shall be reimbursed by the other party for any and
all costs associated with the dispute arbitration, including attorney
fees, collection fees, investigation fees, travel expenses.
You agree that the arbitrator can enter a default judgment against you
if you do not follow AAA rules, and that default judgment can be
entered and enforced in any court of competent jurisdiction and in the
courts of the State of Nevada.
Notice:
No additional notice of any kind for any reason is due Visitor and
Visitor expressly warrants an understanding that the right to notice is
waived as a condition for permission to view or interact with the
website.
Third Party Rights:
The provisions of paragraphs "Use of the Service," and
"Indemnification" are for the benefit of Dreamlife Softwares Pty Ltd.
and its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
Termination of This Agreement:
These Terms of Use are effective until terminated by either party. You
may terminate these Terms of Use by destroying all copies and
installations of products and services obtained from us. The agreement
will automatically and immediately terminate without notice should you
violate any terms of this agreement. Violating our Terms Of Use,
Copyrights, or any of our licensing restrictions, will result in
termination of membership, and forfeiture of all reseller licenses,
without notice or refund.
Communications from us:
By joining our site, you give us permission to contact you periodically
via email with regards to your access to Firepow.com. If you wish to no
longer receive communications from us, you will just need to send us an
email an support@firepow.com..
Jurisdiction and Other Points to Consider:
If you use our site from locations outside of the United States, you
are responsible for compliance with any applicable local laws. To the
extent you have in any manner violated or threatened to violate Write
Consultants, Inc. and/or its affiliates' intellectual property rights,
Dreamlife Softwares Pty Ltd. and/or its affiliates may seek injunctive
or other appropriate relief in any state or federal court in the State
of Write Consultants, Inc., and you consent to exclusive jurisdiction
and venue in such courts. If any matter concerning this purchase shall
be brought before a court of law, pre- or post-arbitration, Viewer,
visitor, member, subscriber or customer agrees to that the sole and
proper jurisdiction to be the state and city declared in the contact
information of the web owner unless otherwise here specified.
Our failure to enforce any rights granted in this Agreement or to take
action against any other party in the event of any breach shall not be
deemed a waiver by us as to subsequent enforcement of rights or
subsequent actions in the event of future breaches.
Users agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding use of the
firepow.com website.
Users agree to abide by any and all licensing rules or restrictions
that have been created by the owners of the works contained within this
website. Violating our Terms Of Use, Copyrights, or any of our
licensing restrictions, will result in termination of account, and
forfeiture of all reseller licenses, without notice or refund.
Furthermore, Use of this website constitutes acceptance of the Legal
Agreement and Terms Of Use.
This Agreement in all respects shall be governed by and construed
according to the laws of the State of Nevada, to the exclusion of any
other applicable body of governing law, without regard to conflicts of
laws principles.
This Agreement contains the complete and entire understanding and
agreement between you and us and supersedes any previous
communications, representations, or agreements, verbal or written,
related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, impliedly, or in
any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but
only by amending this Agreement as posted on this website, unless
otherwise agreed to in a writing signed by both of us. Any amendments
will become effective 30 days after being posted on the website, unless
circumstances require that a change be immediately implemented.
You agree that your continued use of our product or service after that
date will constitute your consent and acceptance of the amendment.
If any provision of this agreement is void or unenforceable in whole or
in part, the remaining provisions of this Agreement shall not be
affected thereby.
Andrew Hansen
www.firepow.com
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