Terms of Use

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Introduction

Welcome to First Generation Firebird! We hope you enjoy your visit, and find that using our service is productive, easy and fun.

Before you begin setting up your account with First Generation Firebird (herein referred to as “we”, “us”, “site”, “service”, “First Generation Firebird”, “FGF”, or “FirstGenFirebird”), please read the following Terms of Use (herein refereed to as “Terms” or “Agreement”) carefully. These Terms govern your access to and use of the First Generation Firebird service (“Service”). If you (“you”) agree to these Terms, and wish to use the Service, please click on the “Sign Up” button. This will constitute a binding agreement between you and First Generation Firebird. Your access to and use of the Service are expressly conditioned on your compliance with these Terms. To decline acceptance, click the “Cancel” button. Note that any violation of these Terms may result in termination of our Service to you.

The materials (“Materials”) contained in First Generation Firebird web sites are provided by First Generation Firebird and may be used for informational purposes only. By downloading any of the Materials contained in any of First Generation Firebird’s sites, you agree to the terms and provisions as outlined in this legal notice. If you do not agree to them, do not use this site or download Materials.

IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST ACCEPT IT AS PRESENTED TO YOU, WITHOUT CHANGES. FIRST GENERATION FIREBIRD WILL NOT ACCEPT ANY ADDITIONS OR DELETIONS. At any time First Generation Firebird reserves the right to change, add, or remove any part of this Agreement or any part of the services and features provided at the Site. If it does so, First Generation Firebird will update the Agreement here (https://FirstGenFirebird.org/legal/) and may also post such changes elsewhere on the Site. Please refer to this site periodically for any changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, First Generation Firebird grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

IF ANY FUTURE CHANGE IS UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SITE. YOUR CONTINUED USE OF THE SITE WILL ALWAYS INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.

 

Trademark Information

The FirstGenFirebird, First Generation Firebird, First Generation Bird, and FGF are trademarks (TM) of Geoff Martin. Reproduction in whole or in part in any form or medium without express written permission of Geoff Martin is prohibited.

Other First Generation Firebird product or service names or logos referenced in the First Generation Firebird Web site are either trademarks or registered trademarks of Geoff Martin. The absence of a product or service name or logo from this list does not constitute a waiver of First Generation Firebird’s trademark or other intellectual property rights concerning that name or logo.

Pontiac and Firebird are Registered ® Trademarks with General Motors. All other products and company names mentioned in the First Generation Firebird Web site may be trademarks of their respective owners. ALL RIGHTS RESERVED WORLDWIDE.
 

Ownership of Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to First Generation Firebird, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without First Generation Firebird’s express prior written consent.

You may use information on First Generation Firebird products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by First Generation Firebird for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
 

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. First Generation Firebird reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any First Generation Firebird server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of First Generation Firebird, including any First Generation Firebird account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or First Generation Firebird’s systems or networks, or any systems or networks connected to the Site or to First Generation Firebird.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to First Generation Firebird on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of First Generation Firebird or others.
 

Unsolicited Idea Submission Policy

First Generation Firebird or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when First Generation Firebird's products or marketing strategies might seem similar to ideas submitted to First Generation Firebird.

So, please do not send your unsolicited ideas to First Generation Firebird or anyone at First Generation Firebird.
If, despite our request that you not send us your Ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your Idea submission.

TERMS OF IDEA SUBMISSION

You agree that:

(1) your ideas will automatically become the property of First Generation Firebird, without compensation to you, and (2) First Generation Firebird can use the ideas for any purpose and in any way, even give them to others.

PRODUCT FEEDBACK

First Generation Firebird does, however, welcome your feedback regarding many areas of First Generation Firebird's existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us, or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on First Generation Firebird's existing products or marketing strategies (do not include any ideas that First Generation Firebird's policy will not permit it to accept or consider). It's just one more way that First Generation Firebird can learn how to
best satisfy your needs.
 

Your Submissions

You may submit certain material to First Generation Firebird, including without limitation, photographic images, as part of your use of the Site (“Submissions”).

First Generation Firebird does not formally provide technical support on the Site. However, any information that is provided by First Generation Firebird is offered on an “AS IS” basis without warranties of any kind. Views expressed on the Site are not endorsed by First Generation Firebird.

First Generation Firebird does not prescreen information submitted by users of the Site. First Generation Firebird retains the right but not the responsibility to edit or remove any Submission, including those deemed by First Generation Firebird to violate the Agreement. First Generation Firebird will make good faith efforts to investigate allegations that Submissions violate the Agreement but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific Submission, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any Submission whatsoever. In addition to these terms, any Submission that questions First Generation Firebird’s policies and procedures or includes speculation on First Generation Firebird decisions may be removed.

Under these Terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service:

  • Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law;

  • Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;

  • Any material sent from an anonymous or false address;

  • Any material that promotes bigotry, racism, hatred or harm against any individual or group;

  • Any material that interfere with another Member’s transactions;

  • Email or PM buyers in an open or completed transaction to warn them away from a seller or item.

  • Threadjack. Be sure your response relates to the topic. If you’re reading about Mirrors and want to discuss your Tires, find the appropriate topic or start a new one.

Under these Terms, you agree to:

  • Be polite. Everyone should feel comfortable reading Submissions and participating in discussions. First Generation Firebird will not tolerate flames or other inappropriate statements, material, or links. Most often, a “flame” is simply a statement that is taunting and thus arbitrarily inflammatory. However, this also includes those which are libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.

  • Don’t be a troll. A troll is someone who strives to disrupt a constructive conversation by posting flames or specious arguments. Trolls sometimes impersonate another user by posting under a false user name. If you have a troll in your midst, let an First Generation Firebird Host know.

  • Post constructive comments and questions. Unless otherwise noted, your Submission should either be a technical support question or a technical support answer. Feedback about new feature requests or product enhancements are welcome too. Don’t post non-constructive complaints, polls, or petitions.

  • Do not post a URL unless it directly answers a user’s question. If any portion of your Submission, including any posted URL, results in any accrual of compensation or benefit to you, then you must note this in your post by stating, “I may receive some form of compensation, financial or otherwise, from my recommendation or link.”

  • State your question clearly. Include as much information as you can about your issue.

  • Don’t post personal information. Think twice about posting your email or iChat address. First Generation Firebird’s discussion forums are a very public place. If you post your email or IM address, you could wind up on a spammer’s list.

  • Don’t spam your fellow users. Spam is defined as sending unsolicited email without the recipient’s consent. Spam includes chain letters and advertisements.

  • No impersonations. This includes screen names and signatures.

  • No inappropriate user names. Inappropriate or offensive user names or aliases will be removed.

While First Generation Firebird is not responsible for, and does not review or comment on the content of Submissions provided by First Generation Firebird users, First Generation Firebird reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that First Generation Firebird deems necessary relating to use or misuse of the Service. First Generation Firebird may request confirmation of the copyright or trademark ownership from the submitter. If First Generation Firebird does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, First Generation Firebird reserves the right to (i) suspend the shipping of an order relating to the Submission in question, and/or (ii) share the submitter’s account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, First Generation Firebird reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved.

You hereby grant to First Generation Firebird a non-exclusive, perpetual, royalty-free world wide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, sell, create products for resell, copy, transmit, display and distribute, and exercise all copyright and publicity rights with respects to your Submissions for the sole purpose of delivering or funding the Site. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights. If you do not want to grant to First Generation Firebird the rights set out above, please do not send your Submission to the Site.

Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. First Generation Firebird will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.

Copyright Notice

First Generation Firebird is committed to protecting photographers’ copyrights and expects users of the Service to do the same. Each image submitter is required by US law to own the right to, or to obtain permission to, use any image before the image is uploaded at First Generation Firebird. At First Generation Firebird’s discretion and in appropriate circumstances, First Generation Firebird may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address listed below and provide all relevant details.
 

Software and Documentation Information
Software

Use of the software from this site is subject to the software license terms set forth in a First Generation Firebird Software License. The software license agreement is available for review whenever software is downloaded at this site.

Documentation

Any person is hereby authorized to: a) store documentation on a single computer for personal use only and b) print copies of documentation for personal use provided that the documentation contains First Generation Firebird’s copyright notice.

Third Party Companies and Products

Mention of third-party products, companies and web sites on the First Generation Firebird Web site is for informational purposes only and constitutes neither an endorsement nor a recommendation. First Generation Firebird assumes no responsibility with regard to the selection, performance or use of these products or vendors. First Generation Firebird provides this only as a convenience to our users. First Generation Firebird has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and First Generation Firebird assumes no responsibility with regard to the performance of use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.

Links to Other Web Sites

First Generation Firebird makes no representation whatsoever regarding the content of any other web sites which you may access from the First Generation Firebird Web site. When you access a non-First Generation Firebird web site, please understand that it is independent from First Generation Firebird and that First Generation Firebird has no control over the content on that web site. A link to a non-First Generation Firebird web site does not mean that First Generation Firebird endorses or accepts any responsibility for the content or use of such web site. Please direct questions and comments to the webmaster or administrator of the respective server regarding the content on the Web servers to which we provide links. We would appreciate being copied on any comments concerning those links. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
 

Age Requirements

You must be at least 13 years of age to use our Service or otherwise . If you, your parent or guardian, have any concerns please feel free to contact us.
 

About Your Account(s)
Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an First Generation Firebird ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify First Generation Firebird immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by First Generation Firebird or any other user of or visitor to the Site due to someone else using your First Generation Firebird ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s First Generation Firebird ID, password or account at any time without the express permission and consent of the holder of that First Generation Firebird ID, password or account. First Generation Firebird cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Access to your account

You can allow other people to view selected images in your account through First Generation Firebird’s online features. The people you invite to view your images and content through online features will be able to see the images you have selected for them and will not have access to your entire account.

Linking directly to images on First Generation Firebird’s servers from external sites is expressly prohibited.

We need to be able to access your account for the following reasons:

  • We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;

  • To maintain our Service to you and develop new and useful features and services;

  • To follow a court order, subpoena, complaint or a lawful request from governmental authorities;

  • First Generation Firebird reserves the right to close accounts set up for fraudulent purposes.

Account Fee

There are no required fees at this time to open a First Generation Firebird account(s).

Misuse

There are at times when it will be considered misuse of our service for the following reasons at which time all accounts will be suspended without notice:

  • Purposely open multiple accounts to impact transactions, impede communication, or insight conflict;

  • Actively use more than one account for the bulletin board or other areas of the site;
 

Canceling the Service / Breach of the Agreement

If you violate any of these Terms, your permission to use the Service will terminate automatically. First Generation Firebird reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion.

If you post or send offensive or inappropriate content anywhere on or to the Site or otherwise engage in any disruptive behavior which First Generation Firebird considers to be serious and/or repeated, First Generation Firebird may use all available information about you to stop any further infringements. This may include informing relevant third parties such as your employer, school, Internet service provider, or law enforcement authorities of the infringement.

First Generation Firebird reserves the right to delete any contribution, or take action against any account, at any time, for any reason.
 

Copyrighted Material and Software

All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

All right, title and interest in and to the First Generation Firebird site and Service is and will remain the exclusive property of First Generation Firebird and its licensors. The site and Service are protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.
 

Privacy Policy

First Generation Firebird’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view First Generation Firebird’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
 

U.S. Government Restricted Rights

All materials, information, software and other products supplied by or through the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013(c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.

 

Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.
 

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. First Generation Firebird shall be free to use such information on an unrestricted basis.
 

Warranties and Disclaimers

THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH FIRST GENERATION FIREBIRD’S SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

FIRST GENERATION FIREBIRD DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. FIRST GENERATION FIREBIRD INTENDS FOR THE INFORMATION AND DATA CONTAINED IN THE FIRST GENERATION FIREBIRD WEB SITE TO BE ACCURATE AND RELIABLE, HOWEVER, SINCE THE INFORMATION AND DATA HAVE BEEN COMPILED BY FIRST GENERATION FIREBIRD FROM A VARIETY OF SOURCES, IT IS PROVIDED "AS IS." FIRST GENERATION FIREBIRD CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FIRST GENERATION FIREBIRD EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE FIRST GENERATION FIREBIRD WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. FIRST GENERATION FIREBIRD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FIRST GENERATION FIREBIRD SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FIRST GENERATION FIREBIRD FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

THEREFORE, USE THE INFORMATION ON THE FIRST GENERATION FIREBIRD AND ANY OTHER PAGES ON THIS SITE, OAKMEDIACREATIONS.COM OR FIRSTGENFIREBIRD.ORG, FOR ENTERTAINMENT PURPOSES ONLY. WHILE WE AIM FOR ACCURACY IN THE INFORMATION IT PROVIDES, THE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE AND IS NOT GUARANTEED TO BE CURRENT. THE INFORMATION ON THESE PAGES MAY CONTAIN ERRORS DUE TO TYPING ERRORS, INCORRECT HISTORICAL INFORMATION, AND OTHER INCORRECT INFORMATION. WE CAN NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS OR DISTRESS ARISING FROM USE OF THIS INFORMATION. CONSULT A PAID PROFESSIONAL BEFORE YOU WORK ON OR MAKE CHANGES TO YOUR CAR. WE WOULD LIKE TO HEAR FROM ANY ENTHUSIAST WITH CORRECTIONS OR INTERESTING ADDITIONS.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

First Generation Firebird reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FIRST GENERATION FIREBIRD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF FIRST GENERATION FIREBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, FIRST GENERATION FIREBIRD’S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT FIRST GENERATION FIREBIRD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, FIRST GENERATION FIREBIRD WITH HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, FIRST GENERATION FIREBIRD IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, FIRST GENERATION FIREBIRD’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE SITE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST FIRST GENERATION FIREBIRD (BUT NOT INCLUDING THE PURCHASE PRICE FOR ANY FIRST GENERATION FIREBIRD MERCHANDISE OR SOFTWARE PRODUCTS OR SUPPORT PROGRAM), OR (2) US$100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
 

Violation of These Terms of Use

First Generation Firebird may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) First Generation Firebird’s rights or property, or the rights or property of visitors to or users of the Site, including First Generation Firebird’s customers. First Generation Firebird reserves the right at all times to disclose any information that First Generation Firebird deems necessary to comply with any applicable law, regulation, legal process or governmental request. First Generation Firebird also may disclose your information when First Generation Firebird determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that First Generation Firebird may preserve any transmittal or communication by you with First Generation Firebird through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or First Generation Firebird determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of First Generation Firebird, its employees, users of or visitors to the Site, and the public.

You agree that First Generation Firebird may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to First Generation Firebird, for which monetary damages would be inadequate, and you consent to First Generation Firebird obtaining any injunctive or equitable relief that First Generation Firebird deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies First Generation Firebird may have at law or in equity.

You agree that First Generation Firebird may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If First Generation Firebird does take any legal action against you as a result of your violation of these Terms of Use, First Generation Firebird will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to First Generation Firebird. You agree that First Generation Firebird will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
 

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Pasco County, Florida, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between First Generation Firebird and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
 

Void Where Prohibited

First Generation Firebird administers and operates the www.firstgenfirebird.org Site from its location in Land O Lakes, Florida USA; other First Generation Firebird sites, in whole or part, may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. First Generation Firebird reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
 

Miscellaneous

We may assign our rights and responsibilities hereunder without notice to you.

All items purchased through First Generation Firebird are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.

When you place an order, First Generation Firebird will bill you at the time of the order. First Generation Firebird reserves the right to ship partial orders (at no additional cost to you).

When you make a donation, this does not guarantee Service, availability of Service, and/or continued publication of Material.

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of First Generation Firebird to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
 

For More Information

Privacy Policy found at <https://FirstGenFirebird.org/privacy/>
 

Legal Contacts
Trademark:

If you have any questions concerning the usage or licensing of First Generation Firebird trademarks, contact the trademark department by email at "trademark@firstgenfirebird.org".

Patent:

If you have any questions concerning licensing of First Generation Firebird patents, contact the patent department by e-mail at "patent@firstgenfirebird.org"

Copyright:

If you have any questions concerning the usage or licensing of First Generation Firebird copyrighted materials, contact the copyright department by email at "copyright@firstgenfirebird.org".
 
*The information contained in this web site is subject to change without notice.

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