FIREHOUSECHEF.COM
Access Agreement
Please read this Agreement carefully before accessing FIREHOUSECHEF.COM
. As a condition to and in consideration of receiving and accessing FIREHOUSECHEF.COM
, the User agrees to be bound by the terms of this Agreement. Use of or
access to FIREHOUSECHEF.COM shall constitute acceptance of and
agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND
BY THIS AGREEMENT, DO NOT ACCESS FIREHOUSECHEF.COM . If you have any
questions about this Agreement, please contact us via e-mail at chef@firehousechef.com.
FIREHOUSECHEF.COM Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between FIREHOUSECHEF.COM
and any individual, corporation, association, agency, company, or other
entity who accesses or uses FIREHOUSECHEF.COM (the
"User" or "you").
FIREHOUSECHEF.COM , which is provided without charge to you, is a
World Wide Web site on the Internet that is designed to allow users to
post classified ads and/or to view ads posted by other users or
interact with those users. FIREHOUSECHEF.COM is owned and operated
by FIREHOUSECHEF.COM. FIREHOUSECHEF.COM contains or may contain
information, communications, opinions, text, graphics, links, electronic
art, animations, audio, video, software, photos, music, sounds and other
material and data (collectively, "Content") formatted,
organized and collected in a variety of forms that are generally
accessible to Users, including directories and databases, and areas of FIREHOUSECHEF.COM
that can be modified by Users, such as posting ads, uploading multimedia
files, registering user profiles, and creating Auto-Notify profiles
("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to FIREHOUSECHEF.COM .
You are responsible for providing all hardware, software, telephone or
other communications equipment and/or service to connect to the Internet
and access FIREHOUSECHEF.COM and are responsible for all Internet
access charges, telephone charges or other fees or charges incurred in
connecting to the Internet and accessing FIREHOUSECHEF.COM .
1.2 User Conduct.
You agree to access and use FIREHOUSECHEF.COM only for lawful
purposes. You are solely responsible for the knowledge of and adherence
to any and all laws, statutes, rules and regulations, pertaining to (i)
your use of FIREHOUSECHEF.COM , including any Interactive Area, (ii) the
use of any networks or other services connected to FIREHOUSECHEF.COM ,
and (iii) the communications means by which you connect your modem,
computer, or other equipment to FIREHOUSECHEF.COM . By accessing FIREHOUSECHEF.COM
, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the
Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material
which violates or infringes in the rights of others, including
material which is an invasion of privacy or publicity rights or which
is protected by copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first obtaining
permission from the owner or right holder.
(4) post or transmit any information, software or other material
which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications
that are not your own Content or to otherwise interfere with the
ability of others to access FIREHOUSECHEF.COM ;
(6) disrupt the normal flow of communication in an Interactive
Area;
(7) claim a relationship with or to speak for any business,
association, institution or other organization for which you are not
authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your
Internet access provider or online service.
2. Intellectual Property Rights
2.1 FIREHOUSECHEF.COM content.
(a) You acknowledge that Content on FIREHOUSECHEF.COM is generally
provided by FIREHOUSECHEF.COM , individual contributors of Content
("Contributors"), third party licensees, and/or other Users.
You acknowledge that FIREHOUSECHEF.COM permits access to Content
that is protected by copyrights, trademarks, and other proprietary
(including intellectual property) rights ("Intellectual Property
Rights"), and that these Intellectual Property Rights are valid and
protected in all media existing now or later developed and except as is
explicitly provided below, your use of Content shall be governed by
applicable copyright and other intellectual property laws. You
acknowledge that FIREHOUSECHEF.COM owns a copyright in the
"look and feel," i.e., the selection, coordination,
arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise transfer or
commercially exploit any of the Content, in whole or in part, provided,
however, that you may (i) make a reasonable number of digital or other
form of copies to permit your computer hardware and software to access
and view the Content, (ii) print one copy of each piece of Content,
(iii) make and distribute a reasonable number of copies of Content, in
whole or in part, in hard copy or electronic form for internal use only.
Any permitted copies of Content must reproduce in an unmodified form any
notices contained in the Content, such as all Intellectual Property
Right notices, and an original source attribution to "FIREHOUSECHEF.COM
" and its URL address. You acknowledge that FIREHOUSECHEF.COM , its
Contributors, and/or Users remain the owners of the Content and that you
do not acquire any Intellectual Property Rights by downloading or
printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post,
publish, reproduce or distribute, on or through FIREHOUSECHEF.COM
only Content that is not subject to any Intellectual Property Rights, or
Content in which any holder of Intellectual Property Rights has given
express authorization for distribution over the Internet and on FIREHOUSECHEF.COM
, without restriction whatsoever. Any Content submitted with the consent
of a copyright owner other than you should contain a phrase such as
"Copyright owned by [name of owner]; Used by Permission." By
submitting Content to any Interactive Area, you automatically grant
and/or warrant that the owner of such Content, whether it be You or a
third party, has expressly granted to FIREHOUSECHEF.COM the
royalty-free, perpetual, irrevocable, non-exclusive, unrestricted,
worldwide right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, sublicense, distribute,
perform, and display such Content, in whole or in part, worldwide and/or
to incorporate it in other works in any form, media, or technology now
known or later developed for the full term of any Intellectual Property
Rights that may exist in such Content. You also permit FIREHOUSECHEF.COM
to sublicense to third parties the unrestricted right to exercise any of
the foregoing rights granted with respect to such Content. You also
permit any User to access, view, store and reproduce the Content for
personal use.
3. Interactive Areas
You acknowledge that FIREHOUSECHEF.COM may include various
interactive areas ("Interactive Areas"), including but not
limited to classified ads. These Interactive Areas allow feedback to FIREHOUSECHEF.COM
and real-time interaction between users. You further understand that FIREHOUSECHEF.COM
does not control the messages, information, or files delivered to such
Interactive Areas and that FIREHOUSECHEF.COM may offer you and
other Users the capability of creating and managing an Interactive Area.
However, neither FIREHOUSECHEF.COM , its subsidiary and parent
companies, or affiliates, nor their respective directors, officers,
employees and agents are responsible for Content within any Interactive
Area. Your use and/or management of an Interactive Area will be governed
by this Agreement and any additional rules or operating procedures of
any Interactive Area established by you or another User, as applicable.
You recognize that FIREHOUSECHEF.COM cannot, and does not intend
to, screen communications in advance. Moreover, because FIREHOUSECHEF.COM
encourages open and candid communication in the Interactive Areas, FIREHOUSECHEF.COM
cannot determine in advance the accuracy or conformance to this
Agreement of any Content transmitted in an Interactive Area. FIREHOUSECHEF.COM
is not responsible for screening, policing, editing, reviewing or
monitoring any Content in an Interactive Area. Notwithstanding the
above, you agree that FIREHOUSECHEF.COM has the right to monitor
any Interactive Area, from time to time and to disclose any information
as necessary to satisfy any law, regulation or other governmental
request, to operate the Interactive Area, or to protect itself or other
Users. If notified of Content that is alleged not to conform to this
Agreement, FIREHOUSECHEF.COM may investigate the allegation and
determine in its sole discretion whether to remove or request the User
to remove such Content. FIREHOUSECHEF.COM reserves the right to
prohibit conduct, communication or Content within an Interactive Area,
or to edit, refuse to post, or to remove any Content, in whole or in
part, which it deems in its sole discretion to (i) violate the
then-standard provisions of this Agreement or any other standard,
written FIREHOUSECHEF.COM policy in effect at that time, (ii) be
harmful to the rights of any User, FIREHOUSECHEF.COM , or other third
parties, (iii) violate applicable law, or (iv) be otherwise
objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies,
guidelines, or practices of FIREHOUSECHEF.COM in operating FIREHOUSECHEF.COM
, or any change in Content, is for you to discontinue accessing FIREHOUSECHEF.COM
. FIREHOUSECHEF.COM may terminate or temporarily suspend your
access to all or any part of FIREHOUSECHEF.COM , without notice, for
conduct that FIREHOUSECHEF.COM believes is a violation of this
Agreement or any policies or guidelines posted by FIREHOUSECHEF.COM , or
for other conduct which FIREHOUSECHEF.COM believes, in its sole
discretion, is harmful to FIREHOUSECHEF.COM or other Users. FIREHOUSECHEF.COM
may discontinue operating FIREHOUSECHEF.COM and terminate this
Agreement without notice at any time for any reason in its sole
discretion. In the event of termination, you are no longer authorized to
access FIREHOUSECHEF.COM , including the Interactive Areas, and the
restrictions imposed on you with respect to Content downloaded from FIREHOUSECHEF.COM
, as well as the disclaimers and limitations of liabilities set forth in
this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services
expressly available at FIREHOUSECHEF.COM , neither FIREHOUSECHEF.COM ,
its subsidiary and parent companies, or affiliates, or their respective
directors, officers, employees, and agents controls, provides, or is
responsible for any Content, goods or services available through sites
on the Internet linked to or from FIREHOUSECHEF.COM . All such Content,
goods and services are made accessible on the Internet by independent
third parties and are not part of FIREHOUSECHEF.COM or controlled
by FIREHOUSECHEF.COM . FIREHOUSECHEF.COM neither endorses nor is
responsible for the accuracy, completeness, usefulness, quality or
availability of any Content, goods or services available on any site
linked to or from FIREHOUSECHEF.COM , which are the sole responsibility
of such independent third parties, and your use thereof is solely at
your own risk. Neither FIREHOUSECHEF.COM , its subsidiary and parent
companies, or affiliates, or their respective directors, officers,
employees, and agents shall be held responsible or liable, directly or
indirectly, for any loss or damage caused or alleged to have been caused
by your use of or reliance on any Content, goods or services available
on any site linked to or from FIREHOUSECHEF.COM or your inability
to access the Internet or any site linked to or from FIREHOUSECHEF.COM .
5.2 Disclaimer of Warranties. Please use your best judgment in
evaluating all information contained or opinions expressed on FIREHOUSECHEF.COM
. It is the policy of FIREHOUSECHEF.COM not to endorse or oppose
any opinion expressed by a User or Content provided by a User,
Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR
USE OF FIREHOUSECHEF.COM IS AT YOUR SOLE RISK. NEITHER FIREHOUSECHEF.COM
NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA,
INFORMATION OR SERVICES WARRANTS THAT FIREHOUSECHEF.COM OR ANY
INTERNET SITE LINKED TO OR FROM FIREHOUSECHEF.COM WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF
THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF FIREHOUSECHEF.COM OR ANY INTERNET SITE LINKED TO OR FROM FIREHOUSECHEF.COM
OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF
ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH FIREHOUSECHEF.COM
OR ANY SITE LINKED TO OR FROM THE . FIREHOUSECHEF.COM IS PROVIDED
ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL FIREHOUSECHEF.COM
, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR
LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, FIREHOUSECHEF.COM , OR ANY
INTERNET SITE LINKED TO OR FROM FIREHOUSECHEF.COM , WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED
OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE
FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT,
UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF,
RECORDS.
UNDER NO CIRCUMSTANCES SHALL FIREHOUSECHEF.COM , ITS SUBSIDIARY AND
PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU
OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN
RELIANCE ON THE CONTENT CONTAINED WITHIN FIREHOUSECHEF.COM OR THE
CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM FIREHOUSECHEF.COM
. THE CONTENT WITHIN FIREHOUSECHEF.COM AND THE CONTENT WITHIN
INTERNET SITES LINKED TO OR FROM FIREHOUSECHEF.COM MAY INCLUDE
TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE
INCORPORATED IN NEW VERSIONS OF FIREHOUSECHEF.COM AND SPECIFICALLY
ARE INCLUDED IN THIS SECTION AGREEMENT. FIREHOUSECHEF.COM AND ITS
CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY
TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FIREHOUSECHEF.COM
IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE
ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY FIREHOUSECHEF.COM
SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF FIREHOUSECHEF.COM , IN
WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
FIREHOUSECHEF.COM .
6. Indemnity
You agree to indemnify and hold FIREHOUSECHEF.COM , its parent or
subsidiary companies and their affiliates, and their respective
directors, officers, employees, and agents from any and all liabilities,
claims and expenses, including reasonable attorneys fees, arising from
breach of this Agreement, any other policy, your use or access of FIREHOUSECHEF.COM
or any Internet site linked to or from FIREHOUSECHEF.COM , or in
connection with the transmission of any Content on FIREHOUSECHEF.COM .
7. Miscellaneous
This Agreement comprises the entire agreement between FIREHOUSECHEF.COM
and you, and supersedes any prior agreements with respect to the subject
matter herein. FIREHOUSECHEF.COM may revise this Agreement or any
other policy at any time and from time to time, and such revision shall
be effective two (2) days upon posting notice of such revision
prominently on FIREHOUSECHEF.COM . You agree to review this Agreement
periodically to be aware of such revisions. If any such revision is
unacceptable to you, you must discontinue accessing FIREHOUSECHEF.COM .
Your continued accessing and use of FIREHOUSECHEF.COM following
notice of any such revision shall conclusively be deemed acceptance of
all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2,
5.3, 6 and 7 shall survive the termination or expiration of this
Agreement. If any provision of this Agreement or any other policy be
held invalid or unenforceable, that portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intention of the parties and the remaining portions will
continue in full force and effect. The failure of FIREHOUSECHEF.COM
to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right.
This Agreement shall be governed by the laws of the state or province of
domicile of FIREHOUSECHEF.COM , excluding its conflict of laws rules,
and you and FIREHOUSECHEF.COM each submit to the exclusive
jurisdiction of the courts of that state or province. This Agreement is
personal to you and you may not assign your rights or obligations
thereunder to anyone. All logos, brand names, products, trademarks and
service marks appearing herein may be the trademarks or service marks of
their respective owners. References to any trademark, service mark and
links to or from FIREHOUSECHEF.COM have been done strictly for
clarification and identification and does not constitute endorsement by FIREHOUSECHEF.COM
of the products, services or information offered by the owner of such
trademark, service mark or link or endorsement of FIREHOUSECHEF.COM
by such trademark, service mark or link owner.
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