Agreement Between Site User and FIRST START HOLDINGS, Inc. (“FIRST START HOLDINGS”)
The FIRST START HOLDINGS Web Site is comprised of various Web pages operated by FIRST START HOLDINGS, who maintains this website as a service to those users who are interested in FIRST START HOLDINGS products. The FIRST START HOLDINGS website is intended to be informative, and access to this website is governed by the terms and conditions set forth herein and all applicable laws.
The FIRST START HOLDINGS Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the FIRST START HOLDINGS Web Site constitutes your agreement to all such terms, conditions, and notices. You acknowledge and agree that all content and material on this website, including but not limited to, text and images, is protected by copyrights, trademarks, service marks or other intellectual property rights and laws. Except as expressly authorized in writing by FIRST START HOLDINGS, you agree not to sell, license, rent, modify, distribute, copy, reproduce, or transmit materials or content from the FIRST START HOLDINGS web site.
Modification of these Terms and Conditions of Use
FIRST START HOLDINGS reserves the right to change the terms, conditions, and notices under which the FIRST START HOLDINGS Web Site is offered, including but not limited to the charges associated with the use of the FIRST START HOLDINGS Web Site.
Links to Third Party Sites
The FIRST START HOLDINGS Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of FIRST START HOLDINGS and FIRST START HOLDINGS is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FIRST START HOLDINGS is not responsible for webcasting or any other form of transmission received from any Linked Site. FIRST START HOLDINGS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FIRST START HOLDINGS of the site or any association with its operators.
No Unlawful or Prohibited Use of the FIRST START HOLDINGS Website
As a condition of your use of the FIRST START HOLDINGS Web Site, you warrant to FIRST START HOLDINGS that you will not use the FIRST START HOLDINGS Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FIRST START HOLDINGS Web Site in any manner which could damage, disable, overburden, or impair the FIRST START HOLDINGS Web Site or interfere with any other party’s use and enjoyment of the FIRST START HOLDINGS Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FIRST START HOLDINGS Web Sites.
Use of Communication Services
The FIRST START HOLDINGS Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
FIRST START HOLDINGS has no obligation to monitor the Communication Services. However, FIRST START HOLDINGS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FIRST START HOLDINGS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
FIRST START HOLDINGS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FIRST START HOLDINGS’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FIRST START HOLDINGS does not control or endorse the content, messages or information found in any Communication Service and, therefore, FIRST START HOLDINGS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FIRST START HOLDINGS spokespersons, and their views do not necessarily reflect those of FIRST START HOLDINGS.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to FIRST START HOLDINGS or Posted on the FIRST START HOLDINGS Website
FIRST START HOLDINGS does not claim ownership of the materials you provide to FIRST START HOLDINGS (including feedback and suggestions) or post, upload, input or submit to any FIRST START HOLDINGS Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FIRST START HOLDINGS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. FIRST START HOLDINGS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FIRST START HOLDINGS’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Health Information Disclaimer
Any medical or health related information provided on the FIRST START HOLDINGS website is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider.
FIRST START HOLDINGS reserves the right, in its sole discretion, to terminate your access to the FIRST START HOLDINGS Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in California, U.S.A. in all disputes arising out of or relating to the use of the FIRST START HOLDINGS Web Site. Use of the FIRST START HOLDINGS Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FIRST START HOLDINGS as a result of this agreement or use of the FIRST START HOLDINGS Web Site. FIRST START HOLDINGS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FIRST START HOLDINGS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FIRST START HOLDINGS Web Site or information provided to or gathered by FIRST START HOLDINGS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FIRST START HOLDINGS with respect to the FIRST START HOLDINGS Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FIRST START HOLDINGS with respect to the FIRST START HOLDINGS Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the FIRST START HOLDINGS Web Site including but not limited to text, design, graphics, interfaces, or code are: Copyright 2014 by FIRST START HOLDINGS, Inc. All rights reserved. All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to FIRST START HOLDINGS, or other respective owners that have granted FIRST START HOLDINGS license to use such marks.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Upon a request by FIRST START HOLDINGS, you agree to defend, indemnify and hold harmless FIRST START HOLDINGS and its affiliates and their directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney’s fees, that arise from your use of this website. FIRST START HOLDINGS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FIRST START HOLDINGS in asserting any available defenses.
FIRST START HOLDINGS is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the FIRST START HOLDINGS Web site and governs data collection and usage. By using the FIRST START HOLDINGS website, you consent to the data practices described in this statement.
Collection of your Personal Information
FIRST START HOLDINGS collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. FIRST START HOLDINGS also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is automatically collected by FIRST START HOLDINGS. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by FIRST START HOLDINGS to maintain quality of the service, and to provide general statistics regarding use of the FIRST START HOLDINGS Web site.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through FIRST START HOLDINGS public message boards, this information may be collected and used by others. Note: FIRST START HOLDINGS does not read any of your private online communications.
FIRST START HOLDINGS encourages you to review the privacy statements of Web sites you choose to link to from the FIRST START HOLDINGS Website so that you can understand how those Web sites collect, use and share your information. FIRST START HOLDINGS is not responsible for the privacy statements or other content on Web sites outside of the FIRST START HOLDINGS Web site or sites.
Use of your Personal Information
FIRST START HOLDINGS may collect and use your personal information to operate the FIRST START HOLDINGS Web site and deliver the services you have requested. FIRST START HOLDINGS also uses your personally identifiable information to inform you of other products or services available from FIRST START HOLDINGS and its affiliates. FIRST START HOLDINGS may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
FIRST START HOLDINGS does not sell, rent or lease its customer lists to third parties. FIRST START HOLDINGS may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, FIRST START HOLDINGS may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to FIRST START HOLDINGS and they are required to maintain the confidentiality of your information.
FIRST START HOLDINGS does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
FIRST START HOLDINGS keeps track of the Web sites and pages our customers visit within FIRST START HOLDINGS website, in order to determine what FIRST START HOLDINGS services are the most popular. This data is used to deliver customized content and advertising within FIRST START HOLDINGS to customers whose behavior indicates that they are interested in a particular subject area.
FIRST START HOLDINGS Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on FIRST START HOLDINGS or the site; (b) protect and defend the rights or property of FIRST START HOLDINGS; and, (c) act under exigent circumstances to protect the personal safety of users of the FIRST START HOLDINGS Website, or the public.
The FIRST START HOLDINGS Web site uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize FIRST START HOLDINGS pages, or register with the FIRST START HOLDINGS site or services, a cookie helps FIRST START HOLDINGS to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same FIRST START HOLDINGS Web site, the information you previously provided can be retrieved, so you can easily use the FIRST START HOLDINGS features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the FIRST START HOLDINGS Web sites you visit.
Security of your Personal Information
FIRST START HOLDINGS secures your personal information from unauthorized access, use or disclosure. FIRST START HOLDINGS secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
FIRST START HOLDINGS will occasionally update this Statement of Privacy to reflect company and customer feedback. FIRST START HOLDINGS encourages you to periodically review this Statement to be informed of how FIRST START HOLDINGS is protecting your information.
FIRST START HOLDINGS welcomes your comments regarding this Statement of Privacy. If you believe that FIRST START HOLDINGS has not adhered to this Statement, please contact FIRST START HOLDINGS at email@example.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.