TheFireList.com : Fire Classifieds Home : Apparatus, SCBA, Turnouts, Used FireFighting Equipment

ACCEPTANCE

TheFireList.com provides a classified advertisement service, (the "Service") subject to the Terms of Use (the "Terms"). By using the Service, you agree to comply with these Terms. You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the service, or accept the services or benefits, to which such terms apply.

Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with TheFireList.com in any way, your only choice is to immediately discontinue use of TheFireList.com. These Terms may be updated by TheFireList.com at any time. You understand and agree that you are solely responsible for reviewing these Terms from time to time. TheFireList.com will provide notice of significant changes to the Terms by posting a notice on the TheFireList.com website.

CONTENT POLICY

You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use TheFireList.com for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use TheFireList.com to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. TheFireList.com reserves the right to terminate User's account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.

CONDUCT

You agree not to post, email, or otherwise make available Content:

that violates any law;
that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TheFireList.com all of the license rights granted herein;
that is harmful, unlawful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that impersonates any person or entity, including, but not limited to, an TheFireList.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
that includes personal or identifying information about another person without that person's explicit consent;
that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the TheFireList.com sites which are not designated for such purposes; or (2) emailed to TheFireList.com users who have requested not to be contacted about other services, products or commercial interests;
that includes links to commercial services or web sites, except as specifically allowed by TheFireList.com;
that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by New York law;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

contact anyone who has asked not to be contacted;

"stalk" or otherwise harass anyone;

collect personal data about other users for commercial or unlawful purposes;

use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;

post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

post the same item or service in more than one classified category; or

attempt to gain unauthorized access to TheFireList.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the TheFireList.com website.

PRIVACY POLICYAND INFORMATION DISCLOSURE

By using this website you acknowledge and agree that TheFireList.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (for example phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of TheFireList.com, its users or the general public.

USER SUBMISSIONS

You understand that when using the TheFireList.com website, you will be exposed to Content from a variety of sources, and that TheFireList.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TheFireList.com with respect thereto.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless TheFireList.com against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with TheFireList.com.

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to TheFireList.com email addresses or through TheFireList.com computer systems is expressly prohibited by these Terms. Any unauthorized use of TheFireList.com computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS

TheFireList.com shall not be liable for your interactions with any organizations and/or individuals found on the website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals.

You agree that TheFireList.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that TheFireList.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release TheFireList.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

LIMITATION AND TERMINATION OF SERVICE

You acknowledge that TheFireList.com may establish limits concerning use of the Service, including among others, the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that TheFireList.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that TheFireList.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that TheFireList.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that TheFireList.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if TheFireList.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that TheFireList.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

DISCLAIMER OF WARRANTIES

You expressly agree that use of the TheFireList.com site and the service is entirely at your own risk. The TheFireList.com site and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. To the fullest extent permitted by law, TheFireList.com, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. TheFireList.com makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the TheFireList.com website. TheFireList.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the TheFireList.com website or any hyperlinked website or featured in any banner or other advertising, and TheFireList.com will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

In no event shall TheFireList.com, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if TheFireList.com has been advised of the possibility of such damages), resulting from any aspect of your use of the TheFireList.com site or the service, whether the damages arise from use or misuse of the TheFireList.com site or the service, from inability to use the TheFireList.com site or the service, or the interruption, suspension, modification, alteration, or termination of the TheFireList.com site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the TheFireList.com site or the service or any links on the TheFireList.com site, as well as by reason of any information or advice received through or advertised in connection with the TheFireList.com site or the service or any links on the TheFireList.com site. These limitations shall apply to the fullest extent permitted by law.

You specifically acknowledge that TheFireList.com shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The TheFireList.com website is controlled and offered by TheFireList.com from its facilities in the United States of America. TheFireList.com makes no representations that the TheFireList.com Website is appropriate or available for use in other locations. Those who access or use the TheFireList.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

ELIGIBILITY

Our services are only available to individuals who are can form legally binding contracts under applicable law. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

VIOLATION OF TERMS

Please report any violations of the Terms, by flagging the posting(s) for review using the Contact Us link at the bottom of the TheFireList.com home page, or by emailing to admin@thefirelist.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

FORCE MAJEURE

If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of TheFireList.com, TheFireList.com is unable to perform in whole or in part its obligations as set forth in this Agreement, then TheFireList.com shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make TheFireList.com liable to the User.

SEVERABILITY

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

ASSIGNMENT

In the event of a merger or consolidation of TheFireList.com, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

ENTIRE AGREEMENT

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supersedes any prior Agreements between the parties with respect thereto.

MODIFICATION OF TERMS

TheFireList.com reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the TheFireList.com Web Site. You are responsible for regularly reviewing these documents. Continued use of the TheFireList.com Web Site after any such changes shall constitute your consent to such changes. TheFireList.com does not and will not assume any obligation to notify you of any changes to the Terms of Service.

ACCOUNT AND PASSWORD

You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify TheFireList.com of any unauthorized use of your account.

MISC

You warrant that the information you provide to us is complete, valid and honest. If you provide any information that is untrue, not current or incomplete, or TheFireList.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TheFireList.com has the right to refuse any and all current or future use of the TheFireList.com (or any portion thereof) by you.