FireShiftBid.com reserves the right to change the Terms under which the Site and the Services are offered in its sole discretion at any time without notice. It is your responsibility to review these Terms for any changes each time that you use the Site or the Services. All changes to the Terms are effective from the date posted. Unless otherwise amended these Terms shall apply to any modified version or upgrade of the Site or the Services.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. Description of the Services
FireShiftBid.com enables users to participate or administrate their agency's shift bidding process as well as facilitating outbound communication to an agency's users by an administrator, by accessing the Site or the Services via the Internet browser of the user's choice and/or using a mobile device and service. Users are responsible for obtaining access to the Site and the Services, and that access may involve third party fees, costs, or expenses (such as those incurred in association with Internet access, wireless telephone access, or other access and communication services fees). FireShiftBid.com may provide the Services with or without the assistance of a human assistant (a "Guide").
Standard telecommunication rates, text messaging rates, and other rates may also apply depending on your telecommunications provider and service plan. Please check your plan or call your telecommunications provider to be sure of all costs associated with the use of your telephone.
You can gain access to the Services available using a mobile device by entering your telephone number and wireless carrier information via the web form found at http://www.FireShiftBid.com.
2. Use of the Services
For your protection and to help FireShiftBid.com improve the Site and the Services, your use of the Site and the Services, including any communication by, with or to FireShiftBid.com, may be recorded. By using the Site and the Services, you consent to such recording.
You may use the Site and the Services only for legal and appropriate uses. FireShiftBid.com reserves the right to make changes to the Site and the Services at any time and without notice. Your access to the Site and the Services is completely at the discretion of FireShiftBid.com, and your access to the Site and the Services may be blocked, suspended, or terminated without prior notice at any time for any reason or no reason. Although the following list is not exhaustive, your access to the Site and the Services may be revoked by FireShiftBid.com at any time for any violation of the following rules:
* You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Site and the Services, and with all applicable copyright, trademark, or other intellectual property right laws.
* You may not submit content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or are otherwise objectionable.
* You may not submit content that is designed to elicit responses that relate to illegal activity or that infringe upon another party's intellectual property rights.
* You may not submit content to the Site or any of the Services using automated means without the prior expressed written consent of FireShiftBid.com.
* You may not sell, use, transfer, reproduce, modify, edit, publish, perform, display, post, transmit or distribute the transcript of any communication that you may have in connection with your use of the Site or the Services without the written permission of FireShiftBid.com.
* You may not upload, post, email or transmit or otherwise make available any content which infringes any trademark, patent, copyright or trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content.
* You may not disrupt the operation of the Site or the Services or intimidate, harass, or intentionally offend users of the Site.
* You may not interfere or attempt to interfere with the Site or the Services by use of any program, script, command, device, software, routine, or otherwise. This includes, but is not limited to attempts to overload the Site or the Services or to excessively burden FireShiftBid.com's resources.
* You may not use the Site or the Services if FireShiftBid.com finds such use is no longer commercially feasible.
* You may not attempt to gain unauthorized access to any portion or feature of the Site or the Services, by hacking, password "mining" or any other illegitimate means.
* You may not create user accounts by automated means or under false or fraudulent pretenses.
* You may not submit content which falsely expresses or implies that such content is sponsored or endorsed by FireShiftBid.com.
* You may not embed any page of the Site in "frames" running from other websites.
* You may not mirror the Site or the Services on any other website or server.
* You may not remove any copyright, trademark or other proprietary rights notices contained in or on the Site or the Services.
* Your access to the Site is restricted to conventional non-accelerated browsers. So-called "web-accelerator" products such as NetJet, NetSonic, MSIECrawler, or Teleport Pro are not permitted.
* You may not transmit any worms, Trojan Horses, viruses, defects, or any items of a destructive nature.
* Robots and crawlers must follow the robot guidelines found at http://www.robotstxt.org/wc/robots.html. Robots that ignore the guidelines may be excluded from the Site and the Services.
You are responsible for compliance with all laws at all times. Traffic conditions and traffic laws must be observed and respected at all times, and take precedence over any directions, instructions or other information received using the Site or the Services. You acknowledge that you are responsible for controlling your vehicle and that you must exercise proper control of your vehicle at all times. You expressly agree that FireShiftBid.com shall have no liability for any adverse effects resulting from your violation of this provision, including but not limited to collisions or traffic law violations. In many jurisdictions, operating, handling, adjusting or viewing a mobile device while in an aircraft or while operating a vehicle is an offense. You agree to follow all applicable laws while using the Services.
When you visit the Site, use the Services, or contact FireShiftBid.com by other means, you consent to receive communications from FireShiftBid.com. FireShiftBid.com may contact you electronically or by other means FireShiftBid.com chooses, and FireShiftBid.com may contact you at any place that FireShiftBid.com may locate you. You agree that all agreements, notices, disclosures, and other communications that FireShiftBid.com provides to you via text message, email, automated phone call, or other form of electronic communication shall satisfy any legal requirement that such communications be in writing.
The CAN-SPAM act, state and federal Do-Not-Call registries, and the Telephone Consumer Privacy Act of 1991 exist to prevent unsolicited telemarketing calls and the use of automatic dialing machines to call wireless devices, not to prevent such calls to persons who have requested to be contacted. Under Federal rules and those of most states, "safe harbors" exist to allow a consumer to expressly grant permission to be contacted even though they have registered their phone number with a state or federal Do-Not-Call registry. By accepting these Terms and submitting a query or request to FireShiftBid.com via voice, text, or internet, you expressly agree that we may send a response to your queries to your wireless device or email via an SMS text message or email or WAP Push Message or MMS message. You are granting express permission to receive our response even if you are registered on a Do-Not-Call registry. You expressly agree that, as part of the Services provided by FireShiftBid.com, you may receive promotional communications, alerts, and third party advertising materials from FireShiftBid.com via text message. You may stop receiving such text messages by emailing your request to opt-out, along with your wireless telephone number, to email@example.com, or following any opt-out instructions in the relevant text message.
You may cancel your access to the Services accessible using a mobile device via the web form found at http://www.FireShiftBid.com/contact or email FireShiftBid.com at firstname.lastname@example.org.
Unintended parties may receive communications which are directed to FireShiftBid.com by you or which are directed to you by FireShiftBid.com. FireShiftBid.com is not responsible for any communications which are lost or misdirected. Your telephone number and communications may be intercepted by third parties without your or FireShiftBid.com's knowledge or permission. FireShiftBid.com is not responsible for information sent using text, voice, or other communication services.
In connection with your use of the Site or the Services, you may be required to register with FireShiftBid.com by providing certain personally identifiable information about yourself, including your name, email address and mobile telephone number. In consideration for FireShiftBid.com granting you access to the Site or the Services, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested and as necessary for FireShiftBid.com's provision of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or if FireShiftBid.com has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, FireShiftBid.com has the absolute right to suspend or terminate your use of the Site or the Services at any time and refuse you any and all current or future use of the Site or the Services. You may receive a registration key/password in order to access the Site or the Services. You are solely responsible for maintaining the confidentiality of the registration key/password, and are solely responsible for all activities that occur under your registration key/password, and FireShiftBid.com may rely upon the authority of anyone using your account or password. In the event that the confidentiality of your account or password is compromised in any manner, you should notify FireShiftBid.com immediately. FireShiftBid.com reserves the right to take any and all action it deems necessary to ensure the integrity of the Site, the Services and your account, including but not limited to terminating your account, changing your password, or requesting additional information in order to access your account. In no event and under no circumstances will FireShiftBid.com be held liable to you for any liability or damages resulting or arising from any action or inaction of FireShiftBid.com under this provision, any compromise of the confidentiality of your account or password, and any unauthorized access to your account or use of your password. Any unauthorized use of the Site or the Services will terminate any permission or license granted under these Terms and may violate applicable law and statutes including trademark laws, copyright laws, and communications regulations and statues. All violators will be prosecuted to the fullest extent of the law.
Unless you have prior written consent from an authorized representative of FireShiftBid.com, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Site or the Services.
3. Intellectual Property
FireShiftBid.com is the owner or licensee of all copyrights in and to the content, designs, information, text, software, HTML code, data, images and materials displayed on, or used in connection with, the Site and the Services ("Content"). You expressly assign to FireShiftBid.com any intellectual property right that may result from your use of the Site or the Services, including but not limited to any copyright interest that you obtain in the work product that results from any communication that may take place between you and FireShiftBid.com through your use of the Site or the Services ("Work Product"). By making any Content or Work Product available through the Site or the Services, FireShiftBid.com does not grant any license or other authorization to copy, use, reproduce, perform, display, or distribute its copyrightable material, or other intellectual property, except as provided herein. For purpose of clarification but not limitation, you may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any Content and/or Work Product, unless you first obtain the written permission of FireShiftBid.com. If you make use of any Content and/or Work Product other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws.
Other than Work Product and Content, FireShiftBid.com does not claim ownership of any other correspondence, materials, and information that you submit to FireShiftBid.com, or that you post on the Site ("Your Materials"). Nevertheless, you automatically grant to FireShiftBid.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, reproduce, copy, adapt, modify, translate, publish, perform, display, distribute, make available, and store Your Materials, and to prepare derivative works based on Your Materials. Additionally, you agree that FireShiftBid.com may sublicense and/or assign its rights in Your Materials. No compensation will be paid with respect to this use of Your Materials. You also grant FireShiftBid.com the right to use your name in connection with Your Materials, for testimonial and similar purposes. FireShiftBid.com is under no obligation to post or use any of Your Materials, is under no obligation to maintain Your Materials and may remove Your Materials at any time in FireShiftBid.com's sole discretion. You agree that you shall have no recourse against FireShiftBid.com for any alleged or actual infringement of any proprietary rights in Your Materials, and that the submission of such materials to FireShiftBid.com, irrevocably waives any and all "moral rights" in Your Materials including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all rights to Your Materials, and that the content is accurate, will not cause harm to any person or entity, that the use of Your Materials does not violate these Terms, and that you indemnify FireShiftBid.com for all claims resulting from Your Materials.
FireShiftBid.com, the FireShiftBid.com logo, as well as other trademarks and logos and other names of FireShiftBid.com's products and services referenced on the Site are exclusively owned by FireShiftBid.com. All other products, services, and company names mentioned on the Site are the trademarks of their respective owners. By placing them on the Site, FireShiftBid.com does not grant to you any license or other authorization to copy, reproduce, or use the trademarks or logos, except as provided herein.
If you believe that any material on this Site infringes on any copyright that you own or control, please follow the procedures outlined in our Notice to Copyright Owners .
FireShiftBid.com is the owner, licensee, or assignee of all legal right, title and interest in and to the Site and the Services, including any intellectual property relating to the Site and the Services which may include any registered or unregistered rights or any patent pending technology.
The Site and the Services may contain advertisements, promotions, and links to external websites. Your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Site and the Services are solely between you and such parties. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that FireShiftBid.com is not responsible or liable for any loss or damage incurred as the result of any such dealings. FireShiftBid.com does not endorse, and FireShiftBid.com is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. FireShiftBid.com is not responsible for the privacy practices or the content of other websites. For your protection, please refer to the terms of service and privacy policies of the respective websites. You acknowledge, understand and agree that FireShiftBid.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other websites. FireShiftBid.com shall not be liable for any errors or delays in the content, goods or services available on such other websites, or for any actions taken or not taken in reliance thereon.
5. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FireShiftBid.com DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS. ANY INFORMATION PROVIDED BY OR OTHERWISE OBTAINED THROUGH THE SITE OR THE SERVICES HAS NOT BEEN VERIFIED, AND NEITHER FireShiftBid.com NOR ANY GUIDE GUARANTEES, REPRESENTS, OR WARRANTS THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. FireShiftBid.com DOES NOT ENDORSE OR RECOMMEND, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, SERVICE OR SERVICE PROVIDER MENTIONED IN ANY QUERY OR RESPONSE.
FireShiftBid.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THESE DISCLAIMERS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF FireShiftBid.com'S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
6. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET, THE SERVICES OR OTHERWISE, IS NEVER COMPLETELY SECURE.
NEITHER FireShiftBid.com, NOR ANY OF FireShiftBid.com'S GUIDES, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, "FireShiftBid.com ASSOCIATES") SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS' FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF FireShiftBid.com OR A FireShiftBid.com ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH FireShiftBid.com OR ANY FireShiftBid.com ASSOCIATE IS TO STOP USING THE SITE OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT FireShiftBid.com'S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED FIVE DOLLARS ($5.00).
THE SITE AND THE SERVICES ARE CONTROLLED, OPERATED AND ADMINISTERED BY FireShiftBid.com FROM ITS OFFICES WITHIN THE UNITED STATES. FireShiftBid.com MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE OR THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE OR THE SERVVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND FireShiftBid.com ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FireShiftBid.com AND THE FireShiftBid.com ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS' FEES, ARISING IN CONNECTION WITH USE OF THE SITE AND THE SERVICES BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN FireShiftBid.com AND YOU.
7. Dispute Resolution
These Terms and the relationship between you and FireShiftBid.com shall be governed by the laws of the State of New Mexico, without regard to any conflict of law or choice of law provisions of any state to the contrary. You agree that any action arising out of or relating to these terms and conditions shall be submitted to confidential arbitration in Indianapolis, Indiana, in accordance with the commercial rules of arbitration of the American Arbitration Association then in effect, except that, to the extent you have in any manner violated or threatened to violate FireShiftBid.com's intellectual property rights or your obligations with respect to FireShiftBid.com's confidential information, FireShiftBid.com may file an action seeking injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to the personal jurisdiction of and venue in such courts and waive any right to a jury trial in connection with any such action. Without limiting the foregoing, you consent to the personal jurisdiction of and venue in the courts located within Marion County or Hamilton County, Indiana, in the event of any such dispute, and waive any future right to object to this designation of jurisdiction and venue. The arbitrator's award shall be final, binding and conclusive upon the parties to these Terms, except that such decision may be appealed pursuant to the Federal Arbitration Act or similar applicable state statute. Such decision shall be written and shall be supported by written findings of fact and conclusions which shall set forth the award, judgment, decree or order awarded by the arbitrator and may be entered as a judgment in any court of competent jurisdiction. In rendering a decision, the arbitrator shall follow the laws of the State of Indiana, and shall not use equitable or other principles which would permit the arbitrator to ignore these Terms or the law. Any award by the arbitrator shall be subject to all dollar and other limitations set forth in these Terms. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree that any claim or cause of action arising out of or related to use of the Site or the Services or these Terms must be brought within one (1) year after such claim or cause of action accrues or be forever barred.
The failure of FireShiftBid.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms. Nothing in these Terms shall be construed to establish a joint venture, agency, employment, or other business relationship between you and FireShiftBid.com.
You shall have no right to assign all or any part of these Terms, and any attempt to do so shall be void. FireShiftBid.com shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
These Terms, including any documents referenced herein, represent the entire understanding between you and FireShiftBid.c