INTRODUCTION
Welcome to the call-data-entry web site maintained by Amogerone Volunteer Fire
Co. #1, Inc. (“AVFC”) for use by its members and,
with its consent, by members of certain other fire companies. AVFC is referred to herein as "we,"
"us," or "our."
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS AVFC SITE. By using the AVFC
Site, you signify your agreement to these terms of use. If you do not agree to
these terms of use, you may not use the AVFC Site. We
reserve the right, at our sole discretion, to change, modify, add, or delete
portions of these terms of use at any time in accordance with the procedures
set forth below in the paragraph labeled "Amendment."
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any AVFC Site are the
copyrighted property of AVFC and/or third-party
licensors. All trademarks, service marks, trade names, and trade dress are
proprietary to AVFC. No material from any AVFC Site or any Internet site owned, operated, licensed,
or controlled by us may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may download one copy
of the materials on any single computer for your personal, noncommercial home
use only, provided that (i) you keep intact all copyright and other proprietary
notices, (ii) you make no modifications to the materials, (iii) you do not use
the materials in a manner that suggests an association with any of our
products, services, or brands, and (iv) you do not download quantities of materials
to a database that can be used to avoid future downloads from any AVFC Site. The use of any AVFC
material on any other Web site or computer environment is prohibited.
In the event you download software from any AVFC
Site, the software, including any files, images incorporated in or generated by
the software, and data accompanying the software (collectively, the
"Software") are licensed to you by us or third-party licensors for
your personal, noncommercial home use only. We do not transfer title to the
Software to you. You own the medium on which the Software is recorded, but we
(or our third-party licensors) retain full and complete title to the Software
and all intellectual property rights therein. You may not redistribute, sell,
auction, decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-readable form.
SUBMISSIONS
If, through participation in certain activities, you send any material or you
send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or
other information (collectively, the "Submissions"), the Submissions
shall be deemed, and shall remain, our property. None of the Submissions shall
be subject to any obligation of confidentiality on our part and we shall not be
liable for any use or disclosure of any Submissions. Without limitation of the
foregoing, we shall exclusively own all now-known or hereafter existing rights
to the Submissions of every kind and nature throughout the universe and shall
be entitled to unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the Submissions
or any other person or entity.
HOUSE
RULES
The following is a list of the House Rules of conduct for the AVFC Site. By using the AVFC Site
you agree not to do any of the following:
1.
Post, distribute, or otherwise make available or transmit any
data, text, message, or computer file that we deem to be: (a) defamatory,
abusive, harassing, insulting, threatening, or that could be deemed to be stalking;
(b) bigoted, hateful, or racially offensive; (c)
vulgar, obscene, or sexually explicit (language or images); or that (d)
encourages or advocates illegal activity or the discussion of illegal
activities with the intent to commit them;
2.
Post, distribute, or otherwise make available or transmit any
data, text, message, computer file, or other material that infringes and/or
violates any right of a third party or any domestic or international law, rule,
or regulation, including but not limited to: (a) copyright, patent, trademark,
or other proprietary rights; (b) right of privacy
(specifically, you must not distribute another person’s personal information of
any kind without their express permission) or publicity; (c) any confidentiality
obligation;
3.
Advertise or sell any products, services or otherwise (whether or
not for profit), or solicit others or use any Forum for commercial purposes of
any kind,
4.
Post, distribute, or otherwise make available or transmit any
software or other computer files that contain a virus or other harmful
component;
5.
Impersonate any person or entity or misrepresent your identity or
affiliation with any person or entity;
6.
Engage in antisocial, disruptive, or destructive acts, including
"flaming," "spamming," "flooding,"
"trolling," and "griefing" as
those terms are commonly understood and used on the Internet;
7.
Delete any legal notices, disclaimers, or proprietary notices such
as copyright or trademark symbols, or modify any logos that you do not own or
have express permission to modify;
8.
Post, distribute, or otherwise make available or transmit material
or make statements that do not generally pertain to the designated topic or
theme of any Forum.
We reserve the right to
remove any material, and if we deem appropriate, to turn over to law
enforcement officials, any material, including message, e-mail, or posting,
that is in violation of these House Rules. We also reserve the right to remove
messages, e-mails, or postings that do not pertain to the designated topic or
theme of the Forum.
We also reserve the right to comply with any order or otherwise cooperate with
law enforcement officials regarding the identification of any user alleged to
be using a AVFC site in violation of the law.
CONTENT LINKED TO ANY AVFC SITE
You should be aware that when you are on a AVFC Site,
you could be directed to other sites that are beyond our control. There are
links to other sites from AVFC pages that take you
outside of our service. For example, if you click on a banner advertisement or
a search result, the click may take you off the AVFC
Site. This includes links from advertisers, sponsors, and content partners that
may use our logo(s) as part of a co-branding relationship. You acknowledge that
when you click on a link that leaves a AVFC Site the site
you will land on is not controlled by us and different terms of use and privacy
policy may apply. By clicking on links to other sites, you acknowledge that AVFC is not responsible for those sites. We reserve the
right to disable links from third-party sites to any AVFC
Site, although we are under no obligation to do so.
We make no representations concerning the content of sites listed in any of our
directories. Consequently, we cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality, or decency of material contained in
sites listed in our search results or otherwise linked to a AVFC
Site.
DISCLAIMER
THE MATERIALS IN THE AVFC SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON ANY AVFC SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY AVFC SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON
ANY AVFC SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION.
We explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from any AVFC Site. We cannot ensure that you will be satisfied with
any products or services that you purchase from a third-party site that links
to or from any AVFC Site or third-party content on
our sites. We do not endorse any of the merchandise, nor have we taken any
steps to confirm the accuracy or reliability of, any of the information
contained in such third-party sites or content. We do not make any
representations or warranties as to the security of any information (including,
without limitation, credit card and other personal information) you might be
requested to give any third party, and you hereby irrevocably waive any claim
against us with respect to such sites and third-party content. We strongly
encourage you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your user
name(s), password(s), and your account, as well as all activities that occur
under your account. You hereby indemnify, defend, and hold us and our
affiliates and our officers, directors, owners, agents, information providers,
licensors, and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liabilities and costs (including
reasonable attorneys' fees) incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of these terms of use or claims
arising from your account. You shall use your best efforts to cooperate with us
in the defense of any claim. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY AVFC SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100
(WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO
ANY AVFC SITE.
JURISDICTIONAL ISSUES
We make no representation that materials on any AVFC Site
are appropriate or available for use in any particular location. Those who
choose to access a AVFC Site do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. Software from this site is further subject to
United States export controls. No software from this site may be downloaded or
otherwise exported or reexported (i) into (or to a
national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other
country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using the
Software, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such list
or otherwise in violation of export control laws or regulations.
AMENDMENT
We reserve the right, at our sole discretion, to change, modify, add, or delete
portions of these terms of use at any time. In the event that we do so, we will
notify you of any such change, modification, addition, or deletion by sending
you an e-mail at the last e-mail address that you provided us, and/or by prominently
posting notice of the any such change, modification, addition, or deletion on
the Web sites covered by these terms of use. Any such change, modification,
addition, or deletion will be effective upon the earlier of ten (10) calendar
days following our dispatch of an e-mail notice to you or thirty (30) calendar
days following our posting of such notice on the Web sites covered by these
terms of use. Please note that, at all times, you are responsible for updating
your personal information to provide us your current e-mail address. In the
event that the last e-mail address that you have provided us is not valid, or
for any other reason is not capable of delivering to you the notice described
above, our dispatch of the e-mail containing such notice will nonetheless
constitute effective notice of the changes, modifications, additions, or
deletions described in the notice.
TERMINATION
These terms of use are effective until terminated by either you or us. You may
terminate these terms at any time by discontinuing use of all AVFC Sites and destroying all materials obtained from any
and all such sites and all related documentation and all copies and
installations thereof, whether made under these terms of use or otherwise. We
may immediately terminate these terms of use with respect to you (including
your access to any and all AVFC Sites) without cause
and without notice to you in our sole discretion. Upon termination, you must
cease use of all AVFC Sites and destroy all materials
obtained from such sites and all copies thereof, whether made under these terms
of use or otherwise.
GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance with the
laws of the State of Connecticut and the laws of the United States, without
giving effect to any principles of conflicts of law.
The words “dispute” and “disputes” are given the broadest
possible meaning and include, without limitation (a) all claims, disputes, or
controversies arising from or relating directly or indirectly to these terms of
use, the validity and scope of this arbitration clause and any claim or attempt
to set aside this arbitration clause; (b) all federal
or state law claims, disputes or controversies, arising from or relating
directly or indirectly to the AVFC Site or the use
thereof (including this arbitration clause), the information you gave us at
this site; (c) all counterclaims, cross-claims and third-party claims; (d) all
common law claims, based upon contract, tort, fraud, or other intentional
torts; (e) all claims based upon a violation of any state or federal
constitution, statute or regulation; (f) all claims asserted by you
individually against us and/or any of our employees, agents, directors,
officers, shareholders, governors, managers, members, or affiliated entities
(hereinafter collectively referred to as “related third parties”), including
claims for money damages and/or equitable or injunctive relief; (g) all claims
asserted on your behalf by another person; (h) all claims asserted by you as a
private attorney general, as a representative and/or member of a class of
persons, and/or in any other representative capacity, against us and/or related
third parties (hereinafter referred to as “Representative Claims”); and/or (i)
all claims arising from or relating directly or indirectly to the disclosure by
us or related third parties of any non-public personal information about you.
You acknowledge and agree that by entering into these terms of use and this arbitration
clause:
(a) YOU ARE WAIVING YOUR RIGHT
TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED
THIRD PARTIES;
(b) YOU
ARE WAIVING YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US
OR RELATED THIRD PARTIES; and
(c) YOU ARE WAIVING YOUR RIGHT
TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER
REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF
CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
All disputes, including any
Representative Claims against us and/or related third parties, shall be
resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT
CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A
REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE
CAPACITY FOR OTHERS IN THE ARBITRATION.
Any party to a dispute, including
related third parties, may send the other party written notice by certified
mail, return receipt requested, of their intent to arbitrate and setting forth
the subject of the dispute along with the relief requested, even if a lawsuit
has been filed. The following arbitration organization shall administer the
arbitration: National Arbitration Forum (1-800-474-2371), http://www.arb-forum.com. However, the
parties may agree to select a local arbitrator who is an attorney, retired
judge, or arbitrator registered and in good standing with an arbitration
association and arbitrate pursuant to such arbitrator’s rules. The parties to
such dispute will be governed by the rules and procedures of such arbitration
organization applicable to consumer disputes, to the extent those rules and
procedures do not contradict the express terms set forth in these terms of use.
You may obtain a copy of the rules and procedures by contacting the arbitration
organization listed above.