TERMS OF USE

Last Modified: May 30, 2018

 

First Line Technology, LLC
3656 Centerview Dr., Ste. 4
Chantilly, VA 20151

Phone: +1 (703) 955-7510
Toll Free: +1 (866) 556-0517
Fax: +1 (703) 955-7540
info@firstlinetech.com

Thank you for visiting www.firstlinetech.com and affiliated websites (collectively, the “Site”), which is owned and provided by First Line Technology, LLC (including its affiliates) (“Company” or “First Line” or “We”). Your use and access of the Site is governed by and subject to the following terms of use (“Terms”). If you do not agree to these Terms  then you are not authorized and should not use the Site or any services offered by the Site. BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE.

1. Member Accounts

In order to use certain features of the Site (including the First Line online storefront, found at firstlinetech.com), you will have to create an account (“Member Account”). You may never use another’s Member Account without permission. As part of the account set-up and registration process, you may be asked to select a username and password, which will be treated in accordance with our privacy policy (“Privacy Policy”) which can be found at https://www.firstlinetech.com/privacy-policy/. First Line may refuse to grant you a username for any reason in its sole discretion, including in the event that we determine that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

2. Intellectual Property Ownership

Unless otherwise noted, all text, content, and documents on the Site, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Site, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Site (the “Content”) are owned by the Company or used with permission or under license from a third party, (hereinafter referred to as the “Owner”) and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. As between the Company and you, all right, title, and interest in and the Content will at all times remain with the Company and/or its Owners. All brand names, product names, titles, slogans, logos, or service names, and other marks used on the Site, are registered and/or common law trade names, trademarks, or service marks of the Company.

3. Limited Use; Restrictions on Use

You are only permitted to use the Content and/or any services and products on the Site for lawful purposes as provided in the Terms. Any other use or misuse of any Content is strictly prohibited. The Company grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without the Company’ express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of the Company in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Site, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to the Company, the Owner, or any third party referenced therein. The Company reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under the Company’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, the Company may revoke any of the foregoing rights and/or your access to the Site, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

4. Making Purchases

If you wish to purchase any products or services through the Site, First Line will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy, which can be found at https://www.firstlinetech.com/privacy-policy/. All information that you provide to us or our third-party payment processor must be accurate, current, and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Descriptions, images, references, features, content, specifications, products, price, and availability of any products or services are subject to change without notice and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service, to honor or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotions, to bar any user from making any or all purchase(s), and/or to refuse to provide any user with any product or service. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

5. Links

The Site may contain links allowing you to leave the Site for other sites that are not under the control of First Line (“Linked Site”). First Line provides the linked sites to you only as a convenience and does not endorse any Linked Sites. We are not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses. The Company is not responsible for the terms of use or privacy practices of the Linked Sites or any link contained in the Linked Sites. Your clicking a link to any Linked Site or any other off-site page or other site is entirely at your own risk. First Line encourages you to carefully read the policies of each site you visit.

6. Submitted Ideas

While First Line appreciates your interest in the Company and the Site, we do not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Privacy Policy, which can be found at https://www.firstlinetech.com/privacy-policy/), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Site or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of First Line. Further, you understand and acknowledge that the Company employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that Company is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that the Company assumes no obligation of confidentiality or nondisclosure, express or implied, by considering your suggestion or idea. Without limitation, First Line shall exclusively own, and you hereby irrevocably transfer and assign to First Line, all now known or hereafter existing rights in and to the suggestion, and the Company shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.

7. Company Online Privacy Policy

First Line takes your privacy very seriously. The Company’s online Privacy Policy, which can be found at https://www.firstlinetech.com/privacy-policy/, describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Site. Please read and understand our Privacy Policy before accessing or using the Site.  You understand that through your use of the Site, you consent to the collection, use and disclosure of this information, as permitted by our Privacy Policy.

8. Promotions

In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site or referenced on the site may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked to such Promotion, and to review our Privacy Policy, which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules, as applied to the Promotions, shall control.

9. United States Only; Choice of law; Venue

By using the Site, you agree and acknowledge that the Site is hosted in the United States. If you are attempting to access the Site from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Site, which is governed by U.S. law, this Terms of Use, and the Company Privacy Policy, you are transferring your personal information to the United States and you consent to (i) such transfer, (ii) the application of the laws of the United States and/or the Commonwealth of Virginia with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the Commonwealth of Virginia, and (iii) the exclusive jurisdiction of the courts of the United States and the Commonwealth of Virginia. Any claim or dispute between you and the Company that arises in whole or in part from your use of the Site or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Fairfax, Virginia, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

10. Disclaimers

The Content and all other features on the Site are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Site and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then First Line hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from the Company, its employees, agents, suppliers, or any other persons shall create any warranty, representation, or guarantee not expressly stated in this section. Additionally, the Company does not make any warranties that (i) the Site will be uninterrupted, secure, or error free, (ii) that your use of the Site will meet your expectations, or (iii) that the Site, Content, or any portion thereof, is correct, accurate, or reliable. First Line reserves the right to change any part of the Site at any time without notice.

11. Limitation of Liability

Your use of the Site is at your own risk. Neither first line, its affiliates, nor any of their respective officers, directors, agents, or other representatives will be liable for any damages (direct, indirect, incidental, consequential, special, or punitive), including, without limitation: loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Site or arising out of any action taken in response to or as a result of any Content or other information available on the Site, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if the Company was advised of the possibility of such damages. If you become dissatisfied in any way with the Site or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of the Site and its services. You hereby waive any and all claims against First Line and its affiliates, agents, representatives and licensors arising out of your use of the Site. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Company and its affiliates shall not exceed one hundred dollars ($100). The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

12. Indemnification

You agree to defend, indemnify and hold harmless First Line and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account, or b) a breach of these Terms.

13. Ability to Accept Terms of Use

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and you agree to abide by and comply with these Terms.

14. No Archive

Notwithstanding anything contained herein, the functionality provided to you by the Site and the Company’s systems, networks, and servers are not an archive and First Line shall have no liability to you or any other person for loss, damage, or destruction to your content or any other information submitted to or via the Site. You shall be solely responsible for (i) uploading your content, (ii) preventing any loss or damage to your content, and (iii) maintaining independent archival and backup copies of any of your content.

15. Assignment

The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by First Line without notice or restriction.

16. Notice

From time to time, First Line may revise the Terms. To help you stay current of any changes, First Line notes the date the Terms was last updated above. Your use of the Site following the posting of any revised Terms shall be deemed acceptance of the revised Terms. The Company strongly recommends checking the Terms periodically. If, and only if, First Line makes revisions to the Terms that result in a material lessening of the restrictions on the Company’s use or disclosure of your personal information, First Line will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such personal information. If you disagree with the provisions of the Terms at any time, your sole remedy is to terminate your use of the Site and to inform the Company of such termination as described in the Terms. Continued use of the Site constitutes your agreement to the Terms as in effect.

17. Termination

The Company may cancel, suspend, or block your use of the Site without notice if there has been a violation, or suspected violation, of these Terms or our Privacy Policy. Your right to use the Site will end once your Member Account is terminated, and any data you have stored on the Site, including any of your content or information, may be unavailable later, unless the Company is required to retain it by law. You may terminate your Member Account at any time. First Line is not responsible or liable for any record or information that is made unavailable to you as the result of the termination or suspension of your Member Account. YOU AGREE THAT FIRST LINE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR CONTENT. All provisions of the Terms which by their nature should survive expiration or termination shall survive termination or expiration for any reason, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

18. Miscellaneous

First Line’s failure to enforce any provision of the Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19. Questions

If you have any questions about these Terms, please contact us at:

First Line Technology, LLC

Attn: [General Counsel/President]

3656 Centerview Dr., Ste. 4
Chantilly, VA 20151

Phone: +1 (703) 955-7510
Toll Free: +1 (866) 556-0517
Fax: +1 (703) 955-7540
info@firstlinetech.com