Terms and Agreementrevised- August 12th, 2016
Vision Industries, provides FireAdmin.com on the World Wide Web ("Site") subject to compliance with the following terms and conditions (the "Agreement") and all applicable laws and regulations, including laws and regulations governing copyright, patent, trade secrets and trademark. By using a FireAdmin.com Account, you agree to be bound by all these terms and conditions along with all amendments, operating rules, and policies relating to the Services provided hereunder. Vision Industries reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site, at any time and in its sole discretion, but will alert you that changes have been made by indicating on these Terms and Conditions the date they were last updated. Your continued use of this Site following posting of its changes or modifications will constitute your acceptance of such changes or modifications.
Fire stations are defined as any fire department facility or location which the subscriber has indicated is a fire department facility.
Subscriber is any user which is listed in the FireAdmin web page Department Roster. This includes users that are enabled or disabled.
1. THE SERVICE
The FireAdmin.com Service ("Service") consists of a browser interface, software applications, data storage, data transmission, data access and data storage. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service. Vision Industries makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. At any time Vision Industries may without notice make changes to this site or to the online services or products described in this site. Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to the terms of this Agreement. Except as set forth herein, no rights of any kind are granted with respect to the Service.
You must complete the registration form on the Subscription Form page in order to use the Service. You will provide true, accurate, current, and complete information about yourself as requested in the Subscription Form. As part of the registration process, you will identify an email address and password for your FireAdmin.com account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Service in your name. Vision Industries reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
2. USE OF PROPRIETARY SOFTWARE
Subject to the terms and conditions of this Service Agreement, Vision Industries grants you an individual, non-sublicensable, non-exclusive and non-transferable license (the "License") to use its proprietary software, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this Service Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that Vision Industries and its licensors retain ownership of all software, any portions or copies thereof, and all rights therein including the FireAdmin.com Site, the Services, the Vision Industries logo and trademarks (including, but not limited to, graphics, data, layout, "look and feel", inventions, patents, computer code, methods, and processes). Upon termination of this Agreement for any reason, this License will terminate and you will destroy and cease to use the software. THE SOFTWARE IS PROVIDED "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS AGREEMENT.
3. RESTRICTIONS AND POLICIES
You will not use the service in any way for spamming, chain letters, junk mail or distribution lists to any person who has not given specific permission to be included in such a process, as required by applicable law. You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. You may not harass, abuse, threaten, or advocate violence against other members or individuals or groups. You may not post content that is harmful to minors. You may not post content that is obscene, otherwise objectionable, or in violation of federal or state law. You will only use the Service for lawful purposes, in compliance with all applicable national and international laws and regulations including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. You agree not to frame or use web framing technique to enclose any Vision Industries logo, trademark, or other proprietary information (including the images, content, or layout/design of any page) without Vision Industries's express written consent. You hereby agree to indemnify and hold Vision Industries, its parents, subsidiaries, affiliates, officers and employees, and users, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of this Agreement, or your infringement of any intellectual property or other right of any person or entity through your use of the Service. It is Vision Industries policy to respect the privacy of its customers Nevertheless, Vision Industries reserves the right to access, use, transmit, copy, adapt, publicly display, perform, cache and disclose any information, data, graphics, video, sound, files and other content created by, provided by, or accessed by you ("Content") in order to comply with applicable laws and lawful government requests, to operate its business properly, or to protect itself. This may also include disclosing licensee's names and other registration and identification information. Vision Industries reserves the right in its sole discretion, but will not be obligated, to remove any Content from its system. Vision Industries will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity it becomes aware of. YOU ACKNOWLEDGE AND AGREE THAT Vision Industries DOES NOT ENDORSE THE INFORMATION OR MATERIALS IN ANY CONTENT OR ASSUME ANY RESPONSIBILITY FOR THE VERACITY OR ACCURACY, OR FOR ANY THREATENING, LIBELOUS, DEFAMATORY, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED THEREIN, ANY INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM OR ANY CRIME FACILITATED THEREBY.
4. DATA MAINTENANCE
Accounts will remain active and data collected will remain active in the Vision Industries system provided that a user has logged in to Vision Industries at least once in any six month period. If an Account user has not logged into the Vision Industries system in six months, Vision Industries has the right to delete the account and/or data collected.
Subject to the terms hereof, Vision Industries will provide you with help support services for the Service and associated software. Free or trial services will not include any email support; Paid services will include email support. Under no circumstances will Vision Industries have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or toll/toll-free phone support.
6. WARRANTY DISCLAIMER
To the extent you utilize Vision Industries's online services, you acknowledge that there cannot be a guarantee that communications conducted online will be absolutely secure. You are solely responsible for maintaining the confidentiality of your account password, and agree that Vision Industries will have no obligations with regard thereto. You agree not to give your account password to anyone. If you believe your password has been lost or stolen or someone has gained access to your account without your permission, contact us immediately.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND Vision Industries DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Vision Industries MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR ERROR FREE; NOR DOES Vision Industries MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THROUGH HYPERLINKS TO THE WEB SITES OF THIRD PARTIES OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF THE SERVICE AND INFORMATION RECEIVED USING THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA TRANSMITTED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH TRANSMISSIONS OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Your sole and exclusive remedy for any failure or nonperformance of the Service shall be for Vision Industries to use commercially reasonable efforts to adjust or repair the Service.
For purposes of identification, billing and marketing, you agree to provide Vision Industries with current, accurate, complete, and updated information required by the registration for Online Billing, including legal name, address, telephone number(s), and applicable payment data (e.g. credit card number). You agree to update your Vision Industries account information immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with this term.
7. LIMITATION OF LIABILITY
Vision Industries WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, INTERRUPTION OF BUSINESS, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF Vision Industries HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You represent, covenant, and warrant that you will use the Service only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You hereby agree to indemnify and hold harmless Vision Industries against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Service.
8. COPYRIGHTS, TRADEMARKS
All text, graphics, information and materials, as well as the selection and arrangement thereof, on the Site is protected under copyright © 2003. You may view, copy or print pages from this site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this site without the express written permission of Vision Industries. Vision Industries is protected under copyright laws. Direct and indirect damages, including without limitation statutory damages for copyright infringement, will be awarded in favor of Vision Industries for any violation of the restrictions in this Agreement. Vision Industries and all page headers, custom graphics and button icons on the Site are trademarks, service marks and/or trade dress of Vision Industries. All other trademarks, product names and company names or logos cited on the Site are property of their respective owners. ALL RIGHTS ARE RESERVED AND NO TRADEMARK LICENSE IS GRANTED HEREBY. In using a free FireAdmin.com account, you hereby agree to allow Vision Industries to use your company's name in Vision Industries promotional materials.
Payment is due at the time of trial period end date. You must keep your account current in order to maintain the subscription price. So long as your account billing is current, Vision Industries will not increase your cost of subscription for new modules or enhancements. This does not apply to modules that utilize disk space for storage of documents, graphics, pictures or any other type of media that is not stored within the database. Vision Industries may bill you for such storage. Billing is based on an annual rate. Vision Industries bills for one year sevrvice periods.
The subscription fee for the web service:
Base fee: $149 per month plus a fee for each additional station. One fire station is included in the base fee. Click here to calculate station fees. The "Cost Per Station" at the time you sign up is your lock in rate. Vision Industries will use that fee to calculate ALL future subscriptions, regardless of increase in station or facilities count in your account. When we say that your subscription will never go up, we mean the formula we use to calculate your fees. So as your department grows and you add new fire department facilities your subscription fee will increase using the formula at the time you signed up.
(BF) Base Fee: $149 P/month
(MSF) Monthly Station/facility Fees (number of facilities - 1) X Station Fee
Monthly Fee = BF + MSF
Station Fee is calculated on how many stations/facilities you sign up for at the time of registering for FireAdmin.Com. The more stations you sign up for at the time of registration, the deeper the discount for your fixed station fee. We will bill you for the total amount of stations you signed up for even if you do not create them in the system. Beware that if you actually have 20 stations and decide to only sign up for 10, your station fees (per facility) will be based on 10 stations. That fee (per facility) will never go up or down regarless if you add more stations in the future. Your facility fee is caluculated based on the fixed station/facility fee times the amount of facilities listed in the system. Total facilities is all facilities minus one. Your first facility is inculded in the base fee of $149.
Payments for the service shall be paid to "Vision Industries". Payments shall be sent to:
26604 Brickenridge Cir
Murrieta, CA 92563
All notices to a party will be in writing and will be made either via email, facsimile or conventional mail. Notices will be sent, if to customer, to the latest email or street address Vision Industries has on record, and if to Vision Industries, to the following: CustomerService@tripletpublishing.com.
You agree that use of your Account and the Vision Industries Service is for your specific agency use only -- sharing Account identification login information is strictly prohibited and is grounds for Account termination. This Agreement is not assignable, transferable or sublicensable by you except with Vision Industries's prior written consent. Vision Industries may assign this Agreement to any third party at its sole discretion. This Agreement will be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. You and Vision Industries agree to submit to the exclusive jurisdiction of the courts located within the County of San Diego, California. Both parties agree that any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and reasonable attorneys' fees. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and you do not have any authority of any kind to bind Vision Industries in any respect whatsoever. The Site may have links to other sites on the World Wide Web; such inclusion of links to these sites is not an endorsement of such sites and Vision Industries makes no warranty or representation regarding the content (its accuracy, timeliness or otherwise) or the products and/or services available on such sites. All risk for linking to and interacting with such sites is borne by the visitor. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
You may terminate this Agreement at any time by sending an email message to Terminations@tripletpublishing.com. There are no refunds for any fees paid.
Vision Industries may terminate this Agreement or the Service at any time with or without cause, and with or without notice. Vision Industries shall have no liability to you or any third party because of such termination.