Terms and Conditions
Last updated: May 21, 2018
Please read these Terms and Conditions ("Terms") carefully before using the Decon Field Guide mobile application (the "Service") operated by First Line Technology, LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
Accounts
When you create an account with us or access or use our Service, you guarantee that you are above the age of 18, that the information you provide us is accurate, complete, and current at all times, and that you have the right to grant us access to such information and authorization to use such information to provide the Service in compliance with our Privacy Policy, which is available at: [https://www.firstlinetech.com/privacy-policy/]. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account or the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You agree to abide by all applicable local, state, federal and international laws when using the Service.
Intellectual Property
The Service, including without limitation its original content, information, photographs, text, images, logos, graphics, designs, software code, features and functionality (collectively, “Service Content”), are and will remain the exclusive property of First Line Technology, LLC and its licensors. The Service and Service Content is protected by copyright, trademark, and other intellectual property and proprietary rights and laws of both the United States and foreign countries. All source code is owned by First Line Technology, LLC, except where expressly indicated otherwise, and may not be used or copied without our written permission. Our Site, including without limitation our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of First Line Technology, LLC. You may not modify, copy, distribute, transmit, display, perform, reproduce or use for commercial purposes any Service Content without our written permission, except as expressly stated in these Terms.
Feedback
“Feedback” means any input, comments, suggestions, or responses regarding our Service or Service Content, including without limitation changes or suggested changes to our current or future websites, content, products, services, or systems. Notwithstanding anything that you may note or state in connection with providing Feedback, all Feedback provided by you shall be received and treated by us on an unrestricted basis. You agree that we retain all ownership and intellectual property rights (including all derivatives or improvements thereof) in and to any Feedback provided by you or any other party, and acknowledge that we may use the Feedback for any purpose, including but not limited to the incorporation or implementation of such Feedback into our websites, products or services, and the displaying, marketing, sub-licensing and distributing of such Feedback as incorporated or embedded in any website, product or service distributed or offered by us without any compensation owed to you.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by First Line Technology, LLC.
First Line Technology, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that First Line Technology, LLC 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 or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Modification to Service
We may at any time, in our sole discretion, modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We reserve the right, in our sole discretion, to make any necessary updates, modifications and adjustments at any time to the Service, warranties, and prices without notice.
Termination
We may terminate or suspend your account and bar access to the
Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless First Line Technology, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability and Disclaimer
IN NO EVENT SHALL FIRST LINE TECHNOLOGY, LLC, OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU, OR ANY OTHER SERVICE USER, OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
FIRST LINE TECHNOLOGY, LLC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE TERMS OR SERVICE WILL NOT EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID FIRST LINE TECHNOLOGY, LLC IN THE PAST TWELVE (12) MONTHS TO USE THE SERVICE.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
First Line Technology, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH A CASE, FIRST LINE TECHNOLOGY, LLC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Governing Law and Venue
These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law provisions.
Any dispute or claim arising out of or related to these Terms or the Service must be brought in a state or federal court located in the Commonwealth of Virginia, and you hereby consent and submit to the personal and exclusive jurisdiction of the courts located in the Commonwealth of Virginia.
Non-Transferable
These Terms and our Service is not transferable by you in any way and may not be assigned to any third party without our written consent. We may transfer these Terms and our Service to a third party at any time without notice to you.
Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You are encouraged to review these Terms regularly for updates. If a revision is material we will make a commercially reasonable effort to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Privacy
Your data and certain information about you are subject to our Privacy Policy as set forth at [https://www.firstlinetech.com/privacy-policy/]. You understand that, through your use of the Service, you consent to the collection, use and disclosure of this information, as permitted by our Privacy Policy, including the transfer of this information to the United States for storage, processing, and use by us and our affiliates as necessary to provide the Service to you.
Miscellaneous
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms and the Privacy Policy constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Contact Us
If you have any questions about these Terms, please contact us at:
First Line Technology, LLC
Attn: [App Manager]
3656 Centerview Dr., Ste. 4
Chantilly, VA 20151
Phone: +1 (703) 955-7510
Toll Free: +1 (866) 556-0517