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Last updated: Last modified: April, 2024
Please carefully read these terms and conditions of use (“Terms of Use”) as they govern youraccess to and use of Firefighter Air Coalition, Inc.’s (“FAC,” “we,” “us,” and “our”) Platform.Your acceptance of, and compliance with, these Terms of Use is a condition to your use of thefollowing:
The business support services, our Website are collectively referred to as our “Platform.”
By clicking “Accept,” you acknowledge that you have read in its entirety, understand, andfully accept all terms and conditions contained in these Terms of Use and our Privacy Policy. Ifyou do not agree to be bound by these Terms of Use and our Privacy Policy, you are notauthorized to access or use our Platform and/or the Services, please PROMPTLY EXIT THISWEBSITE.
Binding Arbitration. These Terms of Use provide that all disputes between you and FAC that inany way relate to these Terms of Use or your use of the Platform will be resolved by BINDINGARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT(INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under theseTerms of Use (except for matters that may be taken to small claims court). Your rights will bedetermined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot bebrought as a class action. Please review the Section below entitled Dispute Resolution;Arbitration Agreement for the details regarding your agreement to arbitrate any disputes withFAC.
All pages, features and content within this Platform and any material made available fordownload are the property of FAC, or its licensors or suppliers, as applicable. The Platform isprotected by United States and international copyright and trademark laws. The contents of thePlatform, including without limitation all data, files, documents, text, photographs, images,audio, and video, and any materials accessed through or made available for use or downloadthrough this Platform (“Content”) may not be copied, distributed, modified, reproduced,published or used, in whole or in part, except for purposes authorized by these Terms of Use orotherwise approved in writing by FAC. You shall comply with all proprietary notices contained inany Content accessed via the Platform. You must obtain our prior written consent when usingContent to: (i) develop any software program, including but not limited to, training a machinelearning, artificial intelligence (AI) system, or large language model; or (ii) providing archived orcached data sets containing Content to another person or entity. You may not frame or utilize2framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo,Content or other proprietary information (including images, text, page layout, or form) of FACwithout our express written consent.
You are prohibited from violating or attempting to violate the security of the Platform,including, without limitation, (a) accessing data not intended for such user or logging onto aserver or an account which the user is not authorized to access; or (b) attempting to probe,scan or test the vulnerability of a system or network or to breach security or authenticationmeasures without proper authorization; or (c) accessing or using the Platform or any portionthereof without authorization, in violation of these Terms of Use or in violation of applicablelaw.
Except for ADA accessibility purposes, you may not use any scraper, crawler, spider, robot orother automated means of any kind to access or copy data on the Platform, deep-link to anyfeature or content on the Platform, bypass our robot exclusion headers or other measures wemay use to prevent or restrict access to the Platform (collectively “Automated Action”). ThePlatform has several accessibility options to enable use of our Platform for everyone regardlessof their circumstances. In the event our ADA accessibility options are not sufficient and yourparticular circumstances require using Automated Action on the Platform, please contact usthrough email at contact@aircoalition.org or through phone at 877-813-0814 for anaccommodation.
Violations of system or network security may result in civil or criminal liability. FAC willinvestigate occurrences that may involve such violations and may involve, and cooperate with,law enforcement authorities in prosecuting users who are involved in such violations. You agreenot to use any device, software or routine to interfere or attempt to interfere with the properworking of the Platform or any activity being conducted on the Platform.
In the event access to the Platform or a portion thereof is limited requiring a user ID andpassword (“Protected Areas”), you agree to access Protected Areas using only your user ID andpassword as provided to you by FAC. You agree to protect the confidentiality of your user IDand password, and not to share or disclose your user ID or password to any third party. Youagree that you are fully responsible for all activity occurring under your user ID. Your access tothe Platform may be revoked by FAC at any time with or without cause. You agree to defend,indemnify and hold FAC harmless from and against all third party claims, damages andexpenses (including reasonable attorneys’ fees) against or incurred by FAC arising out of yourbreach of these Terms of Use or violation of applicable law, your use or access of the Platform,or access by anyone accessing the Platform using your user ID and password.
You agree to: (a) provide true, accurate, current, and complete information when registering touse the Site and establishing your account, and all other or additional information you input orload into the Platform in connection with your use of the Platform (collectively “UserInformation”) and (b) maintain and promptly update the User Information to keep it true,accurate, current, and complete. If you provide any User Information that is untrue, inaccurate,not current, or incomplete, or FAC has reasonable grounds to suspect that such information isuntrue, inaccurate, not current, or incomplete, FAC suspend or terminate your account. You areentirely responsible for maintaining the confidentiality of any passwords and any usage andactivities that occur in connection with your account. You agree not to allow others to accessyour account or utilize your password. Doing so will compromise the security of your account.
The Site may be used to access certain online services. In some cases, you will not receive aseparate notice when the Site connects to those services. Using the Site constitutes yourconsent to the transmission of standard device information (including, but not limited to,technical information about your device, system, and application software) to those services. Your use of those services may be governed by additional terms and conditions. Using theonline services will constitute your acceptance of and agreement to be bound by thoseadditional terms and conditions, if any. You may not use any online services in any way thatcould harm those services, disrupt their operation, or impair any other user’s use of thoseservices or the wireless network through which they are accessed. You may not use the onlineservices to gain unauthorized access to or use of any service, data, account, or network by anymeans.
You may elect to purchase additional features or functionality for the App through in-apppurchases. You agree to pay all fees associated with purchases made through the App. All feesare non-refundable, non-cancellable. You may also be able to purchase products and/orservices using the App. If a credit or debit card, or bank account (“Charge Account”) is beingused for a transaction, FAC may obtain preapproval for an amount up to the amount of thepayment. If you enroll to make recurring payments automatically, all charges and fees will bebilled to the Charge Account you designate during the setup process. If you want to designate adifferent Charge Account or if there is a change in your Charge Account, you must change yourinformation online. This may temporarily delay your ability to make online payments while weverify your new payment information. You represent and warrant that if you are makingpayments that (i) any Charge Account you supply is true, correct and complete, (ii) chargesincurred by you will be honored by your Charge Account FAC or issuer, (iii) you will pay thecharges incurred by you in the amounts posted, including any applicable taxes, and (iv) you arethe person in whose name the Charge Account is maintained and you are authorized to make apurchase or other transaction with the relevant Charge Account.
Certain location-enabled functionality made available throughour Platform is provided by Google Inc., Apple Inc., and other third party providers. Your use of4that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgment as to the adequacy and appropriateness of theinformation. All location-based information is provided entirely “as-is,” without warranties ofany kind.
All questions and requests relating tosupport of the Platform must be directed to FAC. The Third Parties, as defined in Section 15 ,are not responsible for providing support for the Platform and may not be contacted forsupport. We may change or remove functionality and other features of the Platform at anytime, without notice.
FAC will have no liability for errors, unreliableoperation, or other issues resulting from use of the App on or in connection with rooted or jailbroken devices or use on any mobile device that is not in conformance with the manufacturer’soriginal specifications, including use of modified versions of the operating system (collectively,“Modified Devices”). Use of the App on Modified Devices will be at your sole and exclusive riskand liability.
Although FAC attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform FAC so that it can be corrected. FAC reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, FAC will have no responsibility or liability for information or Content posted to the Platform from any non-FAC affiliated third party.
You can purchase products and/or services on the Platform. We accept credit and debit cards issued by U.S. banks. If a debit or credit card account is being used for a transaction, FAC may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is
a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card FAC or bank, (iii) you will pay the
charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or
other transaction with the relevant credit card and credit card information.
You acknowledge that the products and Content which are sold or licensed on the Platform, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Platform, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless FAC from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
FAC makes no representations whatsoever about any other website that you may access through the Platform. When you access a non-FAC website, please understand that it is independent from FAC, and that FAC has no control over the content on that website. In addition, a link to a non-FAC website does not mean that FAC endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk.
Fac does not warrant that access to or use of the platform will be Uninterrupted or error-free or that defects in the platform will be corrected. These platform, including any content or information contained within it or Any service related to the platform, is provided "as is" with all faults, with no Representations or warranties of any kind, either expressed or implied, including, But not limited to, the implied warranties of merchantability, fitness for a Particular purpose, quality of information, quiet enjoyment, and title/non- 6 Infringement. Fac does not warrant the accuracy, completeness or timeliness of The information obtained through the platform. You assume total responsibility and risk for your use of the platform, platform- Related services, and linked websites. Fac does not warrant that files available For download will be free of viruses, worms, trojan horses or other destructive Programming. You are responsible for implementing procedures sufficient to Satisfy your needs for data back up and security. Warranties relating to products or services offered, sold and distributed by fac Are subject to separate warranty terms and conditions, if any, provided with or In connection with the applicable products or services.
Fac and any third parties mentioned on the platform are neither responsible nor Liable for any direct, indirect, incidental, consequential, special, exemplary, Punitive, or other damages whatsoever (including, without limitation, those Resulting from lost profits, lost data, or business interruption) arising out of Or relating in any way to the platform, platform-related services, content or Information contained within the platform, and/or any linked website, whether Based on warranty, contract, tort, or any other legal theory and whether or Not advised of the possibility of such damages. Your sole remedy for Dissatisfaction with the platform, platform-related services, and/or linked Websites is to stop using the platform and/or those services. To the extent any Aspects of the foregoing limitations of liability are not enforceable, the Maximum aggregate liability of fac to you with respect to your use of the Platform is $500 (five hundred dollars).
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the Operating system for your mobile device, the operator of any application store, marketplace, or Similar service through which you obtain the app, and their respective affiliates, suppliers, and Licensors (collectively, “third parties”) are not parties to this agreement and they do not own And are not responsible for the app. Fac, and not any third parties, is responsible for Addressing any claims raised by you or any third party regarding the app or your use or Possession thereof, including claims related to product liability, legal or regulatory Requirements, and consumer protection or similar legislation. You are responsible for Complying with all application store and other applicable third party terms and conditions. You agree (i) the third parties disclaim all warranties, express and implied, with Respect to the app, including, but not limited to, the implied warranties of non- Infringement, title, merchantability, quiet enjoyment, quality of information, And fitness for a particular purpose; (ii) in no event will the third parties be Liable to you or any third party for any direct, indirect, punitive, exemplary, 7 Incidental, special, or consequential damages (whether in contract, tort (including negligence), or otherwise) arising out of this agreement or the app, Even if they have been advised of the possibility of such damages or losses; (iii) in Any event, the maximum liability of any third party for all claims (whether in Contract, tort (including negligence), or otherwise) of every kind will in not Exceed five hundred dollars ($500.00); and (iv) you waive any and all claims, now Known or later discovered, that you may have against the third parties arising Out of the app and this agreement. The third parties are intended third party Beneficiaries of this agreement, capable of directly enforcing its terms. Nothing Contained in this agreement will be construed as modifying or amending any Agreements or other terms between you and the third parties with regard to Their subject matter. In the event of any claim that the app or your possession and use of The app infringes a third party’s intellectual property rights, the third parties are not Responsible for the investigation, defense, settlement, or discharge of the infringement claim.
The App may enable access to FAC’s and/or third-party services and websites, including social media sites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. FAC is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the App or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by FAC or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of FAC or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that FAC is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. FAC reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
We will try work in good faith to resolve any issue you have with the Platform, including products and services ordered or purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and FAC agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform, including products and services ordered or purchased through the Platform, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by 8 courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and FAC are each waiving the right to a trial by jury or to participate in a class action or collective action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and FAC.
If you desire to assert a claim against FAC, and you therefore elect to seek arbitration, you must first send to FAC, by certified mail, a written notice of your claim ("Notice"). The Notice to FAC should be addressed to: 2700 S Industrial Parkway S., Marinette, WI 54143 ("Notice Address"). If FAC desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by FAC, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If FAC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or FAC may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by FAC or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless FAC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys's fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorney's fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. 9 YOU AND FAC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FAC agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Marinette, Wisconsin.
FAC reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between FAC and you pertaining to the subject matter hereof. In its sole discretion, FAC may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
FAC reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between FAC and you pertaining to the subject matter hereof. In its sole discretion, FAC may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below or through the Contact Us page on our Platform.
Firefighter Air Coalition, Inc.
2700 S Industrial Parkway S.
Marinette, Wisconsin 54143
Telephone: 877-813-0814
Email: contact@aircoalition.org
