These terms and conditions of use (“Terms”) govern your access to and use of any materials, content or services provided through the website located at https://www.firstrespondertech.com/ (the “Website”) owned by First Responder Technologies Inc. (“First Responder”, “we”, “our”, “us”).
By accessing the Website you accept and agree to be bound by these Terms, and all applicable laws and regulations.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.
The statements and communications contained in the First Responder website are intended for information only. None of them constitutes a solicitation, an offer or a recommendation to buy or sell securities, or to conduct other transactions.
No warranty, either express, or implied, is given for the information and opinions published on the website. Actions based on statements made therein are the responsibility of those who take them. First Responder therefore disclaims all liability for damage which may result directly and indirectly from the use, performance or consultation of the First Responder web site, in connection with access to the website itself or other websites linked to it.
Update to Terms
We reserve the right to amend these Terms at any time. We will notify you at least 30 days before such changes take effect by: (i) contacting you at the email address you have provided, if applicable, and (ii) displaying a notice on our Website. We will ensure that the latest, fully-amended version of these Terms are published on the Website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate your agreement to these Terms as set out above. If you continue to use the Website after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Terms.
The Website should not be downloaded, accessed, used, or viewed by you, nor should you order any Products from the Website, if you do not meet these requirements, or if you are located in a jurisdiction in which the use of the Website and/or the products available for purchase on the Website (“Products”) is not permitted. Any use by any person in contravention of this section is expressly unauthorized, unlicensed, and in violation of these Terms. We may delete any content or information that you have posted on or through the Website, terminate your Account (if and as account functionality becomes available), and/or prohibit you from using or accessing the Website (or any portion, aspect or feature of the Website) for any reason or no reason, at any time in our sole discretion, with or without notice, including without limitation if we have any reason to believe that you do not meet the eligibility criteria set out above.
License to Use
Subject to these Terms, we grant you permission to download or otherwise access the Website as a personal, non-exclusive, non-transferable, limited license to use the Website for transitory, non-commercial purposes, provided that with respect to any materials obtained from the Website, you may not, except as expressly permitted through the functionality of the Website:
- copy, display, distribute, modify, publish, reproduce, transmit, translate, reproduce or create derivative works of such materials, except as explicitly provided,
- use the materials for any commercial purpose,
- distribute or transmit the materials,
- publicly display, publish or perform the materials (for any purpose, commercial or non-commercial),
- create derivative works from, transfer, or sell any materials,
- attempt to decompile, disassemble, or reverse engineer any software or database contained in or accessed through the Website,
- remove any copyright or other proprietary notations, or
except as explicitly provided, use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person’s use of the Site,
in each case without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors.
In these Terms, “Content” means all materials and content contained on or accessed from the Website, including text, graphics, user interfaces, visual interfaces, editorial, photographs, multimedia elements, logos, audiovisual materials, videos, music, sounds recordings, reports, documents, software, information, formulae, patterns, data and any other work.
- Our Content – Except where expressly stated otherwise, all right, title and interest in and to the Website and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Website (collectively, “Our Content”) is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Website or these Terms grants you any right, title or interest in or to Our Content except the limited right to use the Website as set out herein.
- Third Party Content – Content accessed or available through the Website may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Website as set out herein. We do not claim ownership of Third Party Content and we are not responsible for its content, accuracy or compliance with relevant laws or regulations. The trademarks, logos, and service marks displayed on or through the Website are the property (whether registered or unregistered) of us, our licensors or other third parties. Except as expressly indicated on the Website, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks on or through the Website.
- Links and other External Content – The Website may contain links to third-party sites or resources. We are not responsible for the availability of external sites or resources linked from the Website, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of First Responder, including but not limited to interactions with social media. You should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
- Your Content – The Website may contain social media, comments or other communication services. We do not claim ownership of any Content that you post, upload, input, provide, enter, submit or otherwise transfer to us, or any third party, using the Website (collectively, “Your Content”) and we are not responsible for the accuracy of Your Content or its compliance with relevant laws or regulations; however, you agree that by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting Your Content to us or any third party using the Website:
- you will be deemed to have thereby granted us a royalty-free, non-exclusive, worldwide, fully paid-up, irrevocable license to use, copy, distribute, transmit, display, edit, delete, publish and translate Your Content to the extent reasonably required by us to provide the Website as it may exist from time to time, in any medium whatsoever, or to ensure adherence to, or enforce, these Terms,
- you will be deemed to have thereby confirmed, represented and warranted to us that you have all right, title and interest, as well as the power and authority necessary, to grant such license to Your Content to us as set out above, and
- you will indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from Your Content, including instances where the Your Content (A) infringes any Third Party Content or other third-party intellectual property rights, or (B) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.
- Feedback – You acknowledge that if you give us any comments, ideas, suggestions and impressions of the Website and/or Products (collectively, the “Feedback”), we shall be free to incorporate the same in the Website or any future Products without any remuneration to you whatsoever, and that you grant us a royalty-free, non-exclusive, worldwide, fully paid-up, perpetual and irrevocable right and license to use, copy, or otherwise commercially exploit such Feedback (or any Product or service derived from it) for any reason whatsoever.
- Deletion of Your Content – You acknowledge and agree that we may retain a copy or copies of Your Content for archival or compliance purposes or to otherwise provide the Website to you or others, subject always to your license to us set out above, even if you delete your Account to which Your Content is connected. If permitted by the functionality of the Website, you may delete Your Content from the communication facilities thereupon, though we may retain a copy internally thereof for compliance purposes.
- Trademark Notice – The trademarks, logos, and service marks displayed on or through the Website are the property (whether registered or unregistered) of First Responder its licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior, written consent. Except as expressly indicated on the website, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.
- Complaints – We are under no obligation to, and do not, scan content used in connection with the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website. If you believe that any Content on the Website infringes upon any copyright or other intellectual property right that you own or control, you may send a written notification of such infringement to our designated agent by e-mail at: email@example.com, or by mail at: First Responder Technologies Inc, #915–700 West Pender Street
Vancouver, BC, V6C 1G8 Canada, Attn: Designated Agent. To meet the notice requirements under the Digital Millennium Copyright Act , the notification must be a written communication that includes the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Infringer and Repeat Infringer Policy – We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property. We may also, at our sole discretion, limit access to the Website or terminate the Account of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.
By accessing and using the Website you acknowledge that:
- you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any Content, information or material received, transmitted or sent by you using the Website,
- all use of the Website provided by us is at your own risk,
- the Content that you may access while using the Website may contain external links, which are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by us of such Services or the information contained therein,
- the Website and all Products are provided on an “as is” and “as available” basis,
- we do not guarantee, represent or warrant that the Website will be error-free or that the Content will be free of errors or omissions,
- the technical processing and transmission of the Website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet,
- if you elect to have any business dealings with any party whose products or services may be advertised, offered or linked on or through the Website, you acknowledge and agree that such dealings are solely between you and such person and we will not be a party to, or have any responsibility or liability related thereto, and no such advertising or third party linking may be construed as an endorsement by us of any such products or services advertised.
Acceptable Use and Prohibitions
In addition to any other terms or conditions regarding your use of the Website in these Terms, we may require you to agree to specific terms for particular services, Products or areas of the Website from time to time by confirming your agreement. Any such additional terms which you agree to will be deemed incorporated into these Terms. Without limiting the generality of anything else contained in these Terms, you must ensure that (a) you only use the Website for lawful purposes, and (b) if at any time you become aware of any violation, by any person or entity under your control, of any part of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation. You agree that you will not, in connection with the Website, directly or indirectly do or permit any of the following:
- post, upload, reproduce, distribute or otherwise transmit any Content that:
- is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,
- contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,
- is defamatory, infringing, or unlawful,
- is inappropriate, profane, obscene, indecent materials or information without suitable or lawfully-required access controls (which controls shall in no event be our responsibility),
- gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation,
- constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography, or
- incites discrimination, hate or violence towards one person or a group because of their belonging to a race, religion, nationality, sexuality, gender or other human rights-protected group of persons,
- engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity,
- disrupt or threaten the integrity, operation or security of any service, computer or any Internet system,
- disable or circumvent any access control or related process or procedure established with respect to the Website,
- harvest, scrape, extract, gather, collect, or store personal information about others without their express consent, or
- harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Website or to extract data, collect information or otherwise interact with the Website.
Compliance and Complaints
We do not have any obligation to censor or review any Content or to monitor use of the Website. However, you agree that we may, without notice or liability, disclose to third parties any of your information or Your Content, monitor use of the Website and monitor, review and retain any Content, including Your Content, if we believe in good faith that such activity is reasonably necessary to provide the Website to customers, ensure adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If we receive a complaint relating to use of the Website by you, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and restrict, suspend or terminate your access to the. Website, including your Account, and remove Your Content from the Website.
We may, in our sole discretion, suspend, restrict or terminate your use of the Website, including your Content, and Your Account, effective at any time, without notice to you, for any reason, including if the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of this Agreement. You acknowledge and agree that termination, curtailment, or suspension of these Terms for any reason may result in restrictions of, disruptions to or cessation of your or third party access to Your Content and your Account, and you hereby agree to release us from any and all liability and claims of loss resulting from restrictions, disruptions or cessations. If your use of the Website is suspended or restricted, we will have no obligation to forward any of Your Content to you or any third party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE, PRODUCTS OR ANY CONTENT, AND WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.
LIMITS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR CONTROLLING PARTIES, AGENTS EMPLOYEES, SUPPLIERS, LICENSORS, RESELLERS OR DISTRIBUTORS BE LIABLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR:
- INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE AND/OR THE PRODUCTS,
- ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE WEBSITE AND/OR PRODUCTS, (II) YOUR INABILITY TO ACCESS OR USE THE WEBSITE, (III) THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION OR DATA (INCLUDING ANY SOFTWARE) RELATED TO THESE TERMS OR VIEWED, DOWNLOADED, ACCESSED OR TRANSMITTED USING, OVE0.R OR THROUGH THE INTERNET OR THE WEBSITE, OR (IV) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER OR ESTABLISHMENT, WHETHER OR NOT MADE ON OR THROUGH THE WEBSITE, AND
- WITHOUT IN ANY WAY LIMITING THE FULL EXTENT OF THE FOREGOING, AGGREGATE DIRECT DAMAGES IN CONNECTION WITH THE WEBSITE AND/OR PRODUCTS IN EXCESS OF THE AMOUNT YOU PAID US, IF ANY, FOR USE OF THE WEBSITE AND/OR PRODUCTS.
Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation or exclusion of certain types of liability. To the extent that applicable laws restrict or prohibit any disclaimers, exclusions and limitations in these Terms, they will not apply to you strictly to the extent necessary to make these Terms consistent with such applicable laws.
- In these Terms,
- the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms,
- the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and
- all references to Website addresses or URLs shall also include any successor or replacement Services containing substantially similar information as the referenced Website(s).
- Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity. If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
- These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of British Columbia in connection with any matter or dispute arising out of or in connection with these Terms, the Products or the Website.
- We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent.
- These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns. All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.
Questions and Concerns
If you have any questions or concerns about these Terms, please contact us by : firstname.lastname@example.org, or by mail at: First Responder Technologies Inc, #915–700 West Pender Street
Vancouver, BC, V6C 1G8 Canada