Last Updated: 11/16/2023

Terms & Conditions

Welcome to the website of Blue Collar Firemen LLC (“we”, “us” or the “Company”), an online platform where you can access live monthly online training courses, an exclusive networking community, premium video content, and more tools to improve your performance and skills as a fireman. This website is located on the web via the domain https://app.bluecollarfiremen.com/ and includes all of the files located in that domain (the “Site”).

This terms & conditions agreement (the "Agreement" or “Terms & Conditions”) explains the terms and conditions by which you may access and use the online media services, content distribution services, and community providing services through the video streaming services located within the Site, along with the mobile and desktop applications, including all functionalities, features, streaming services, audio, visual, written media, PDF, website links, user interfaces, and all content and software provided by Blue Collar Firemen LLC (collectively the “Services”). You must read this Agreement carefully as it governs your use of the Site and/or Services provided by Blue Collar Firemen LLC. By accessing or using the Site and/or Services, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety between you and the Company. If you do not agree, you are not authorized to access or use any part of the Site and/or Services, and you should not use the Site and/or Services.

To access the Site and/or use any of the Services, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface.  If you are entering into this Agreement on behalf of an entity, you represent to us that you have the legal authority to bind such entity. The Company makes no claims that the Site and/or Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries or may require government authorization or registration. When you access the Site and/or Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.

The Site and/or Services are only available to you — and you should only access any of the Site and/or Services if you agree completely with these terms.

1. Acceptance and Changes to Terms.

The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of this Agreement without notice or liability to you. The “Last Updated” date at the top of the Terms & Conditions indicates when the latest modifications were made to the Terms & Conditions. Any changes to these Terms & Conditions shall be effective immediately following the posting of such changes. You agree to review these Terms & Conditions from time to time and agree that any subsequent use by you of the Site and/or Services following changes to these Terms & Conditions shall constitute your acceptance of all such changes.

2. Use of the Site and/or Services.

Your use of the Site and/or Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. The Site and/or Services are offered only for video streaming and related materials and is only a conduit for video streaming and related materials. The Site and/or Services may be used only for lawful purposes relating to video streaming and related materials. The Company specifically prohibits any use of the Site and/or Services, and all users agree not to use the Site and/or Services, for any purposes other than those designated by the Company. Each user is solely responsible for deciding whether the Site and/or Services offered are suitable for your own purposes and whether the Site and/or Services match your needs. The Company grants you a limited, non-exclusive license to access and use the Site and/or Services for your own personal and non-commercial purposes. This includes rights to view content on the Site and/or Services.

You agree not to use the Site and/or Services in any manner that interferes with its normal operation or with any other user’s use of the Site and/or Services. You may not do any of the following while accessing or using the Site and/or Services:

i. Access, tamper with, or use non-public areas of the Site and/or Services (including data not intended for such user or logging into a server or account which the user is not authorized to access), our computer systems, or the technical delivery systems of our providers;

ii. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

iii. Access or search or attempt to access or search the Site and/or Services by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us;

iv. Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site and/or Services to send altered, deceptive, or false source-identifying information;

v. Disrupt or interfere with the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, or crashing the Site and/or Services, or otherwise creating an undue burden on the Site and/or Services;

vi. Scrape or harvest data;

vii. Use robots to skew payouts;

viii. Decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Site and/or Services; or

ix. Access the Site and/or Services by any means except through the interface provided by the Company for access to the Site and/or Service.

Creating or maintaining any link from another application to any page at the Site and/or Services without the prior authorization of Company is prohibited. Running or displaying the Site and/or Services, or any information or material displayed via the Site and/or Services in frames or through similar means on another website or application without the prior authorization of Company is prohibited. Any permitted links to the Site and/or Services must comply with all applicable laws, rules, and regulations.

Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.

3. User Account.

You may be required to establish an account to use the Site and/or Services and/or take advantage of certain features. If so, you agree to:

i. Provide true, accurate, current, and complete information about yourself as prompted by the Site and/or Service;

ii. As permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate, or outdated, or if the Company has reasonable grounds to suspect that such information is false, inaccurate, or outdated, the Company has the right to suspend or terminate your account and prohibit all current or future use of the Site and/or Services by you; and

iii. That your account is for your personal and/or business use. You may not resell the Site and/or Services.

By creating an account and/or using the Site and/or Services, you agree to receive certain communications in connection with the Site and/or Services, including but not limited to, Company or third-party services, products based on the preferences that you identify in your registration and at any time thereafter, emails about account, password, access, marketing, transactional, and other information related to the Site and/or Services and to your account. You are responsible for maintaining the confidentiality of the password and account information and are fully responsible for all activities that occur under your account. Your account is meant to be private, and you shall not share accounts for any reason, and you are responsible for all uses of your username and password whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.

You agree to be responsible for all charges resulting from the use of your account via the Site and/or Services, including charges resulting from unauthorized use of your account. If you elect to access any component of the Site and/or Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.

You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your User Generated Content (as defined below), community interactions, reviews, or anything else generated by you that you post to or about the Site and/or Services.

Your privacy rights are incorporated into this agreement and are set forth in our Privacy Policy located at https://app.bluecollarfiremen.com/pages/privacy-policy.

4. User Generated Content and User Interactions.

You are solely responsible for the information and User Generated Content (as defined below) you input or upload to the Site and/or Services and warrant and represent you have the right and authorization to register for the Site and/or Services and post User Generated Content. “User Generated Content” (also known as “UGC” or “Consumer-Generated Content”) is original content that is specific to the Company, that is created by any third party and published anywhere, which includes but is not limited to, the Site, Services, and social media networks. UGC includes, without limitation, any information, text, reviews, videos, audio clips, podcasts, testimonials, comments, information, data, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible publicly, privately, or through the Site and/or Services. UGC can be published publicly by the third party or sent privately to the Company for use on social media or for Site and/or Services marketing material. The Company reserves the right in its sole discretion to decide whether the User Generated Content that third parties publish is appropriate and complies with the Terms & Conditions, other Company policies, and applicable laws and regulations.

All User Generated Content is the sole responsibility of the third party who originated such content. You acknowledge that all User Generated Content transmitted or accessed by you using the Site and/or Services is at your own risk, and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all User Generated Content that you publish, and you warrant that you possess all rights necessary to provide such User Generated Content and that you do not violate any third party’s rights in providing such User Generated Content. We reserve the right to remove, and to allow certain users to remove, any objectionable User Generated Content in our sole discretion. You understand that by providing User Generated Content publicly in connection with the Company, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable, and transferable right to fully exploit such User Generated Content (including all related intellectual property rights) in connection with our business. The Company and its licensees may publicly display advertisements and other information adjacent to or included with your User Generated Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you. We may from time to time allow you to share content from the Site and/or Services via social media share buttons. Such sharing must include attribution to the Site and/or Services.

You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. Furthermore, you herein agree not to make use of the Site and/or Services for:

i. Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

ii. Causing harm to minors in any manner whatsoever;

iii. Impersonating any individual or entity, including, but not limited to, any Company, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

iv. Forging captions, headings, or titles, or otherwise uploading, posting, emailing, transmitting, or offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

v. Uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

vi. Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;

vii. Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

viii. Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real-time interactions;

ix. Interfering with or disrupting any of the Site and/or Services, servers and/or networks that may be connected or related to the Site and/or Services, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers;

x. Intentionally or unintentionally violating any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

xi. Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance with Section 219 of the Nationality Act;

xii. Stalking or with the intent to otherwise harass another individual; and/or,

xiii. Collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the Agreement.

You are solely responsible for your conduct in the community forum. We ask that all parties create a welcoming environment. Treat everyone with respect. Healthy debates are natural, but kindness is required. Make sure everyone feels safe. Bullying of any kind isn’t allowed, and degrading comments about things like race, religion, culture, sexual orientation, gender, or identity will not be tolerated. We do not allow promotions of your own business and brands such as promotions, self-promotion, spam, and irrelevant links to third party sites. If you or you see anyone on the community forum experiencing harassment or inappropriate behavior, please contact our community admins immediately. All contributions you make to the Site and/or Services will be accessible to the public. As a registered member, you have agreed to follow our community guidelines and acknowledge that by not abiding by these rules your account will be suspended or removed.

5. Access to Services – Subscriptions & Purchases.

The Site and/or Services may allow you to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Site and/or Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent or pay per view, the Company grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.

The Company makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player, and bandwidth.

6. Payments & Billing.

The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of the Company. Pricing and availability of all digital content available within the Site and/or Services for sale, if any, displayed through the Site and/or Services are subject to change at any time before you click the button indicating that you want to purchase such digital content. The Company makes no guarantee as to the availability of a specific payment plan. By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the payment method you designate. The Company may make available to you various payment processing methods to facilitate the purchase of digital content via the Site and/or Services. You must abide by any relevant terms and conditions or other legal agreement with third party payment processors, that governs your use of a given payment processing method. The Company may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, the Company or the payment processor may charge your credit card or other form of payment that you indicate for any digital content purchased, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make via the Site and/or Services. Your contract for your purchase via the Site and/or Services, if any, is completed once you confirm your purchase and performance of this contract begins as soon as the purchase is complete. You can update change this information at any time by logging into your video library and clicking the settings tab under the username. Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription, or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.

7. Termination.

You may terminate your subscription to the Site and/or Services at any time. You agree that the Company may terminate or suspend your access to all or part of the Site and/or Services, with or without notice, in our reasonable discretion, at any time. Company reserves the right to modify or discontinue the Site and/or Services (or any part thereof) with or without notice, at any time. Following the termination or cancellation of your subscription to the Site and/or Services and/or your account, we reserve the right to delete all your data in the normal course of operations.

8. User Comments and Suggestions.

By sending us any ideas, suggestions, documents, or proposals (“Feedback”), you agree that: 

i. Your Feedback does not contain the confidential or proprietary information of third parties;

ii. We are under no obligation of confidentiality, express or implied, with respect to the Feedback;

iii. We may have something similar to the Feedback already under consideration or in development; and

iv. You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback.

9. Intellectual Property.

You acknowledge that all materials on the Site and/or Services, including, but not limited to, the Site design, Services design, graphics, text, sounds, pictures, programs, complied binaries, interface layout, interface text, documentation, resources and graphics, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the Company and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. The Company authorizes you to view, download and/or print the Materials provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by this Agreement, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial resale purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described in the Site and/or Services are the sole property of the Company and/or its licensors and may not be copied, altered, or otherwise used, in whole or in part, without the prior written authorization of the Company and/or its licensors. The Company reserves the right to enforce its intellectual property rights fully under the law. Your use of the Site and/or Services is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through this Agreement or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Site and/or Services are either the property of the Company, its affiliates, or its licensors. The Company retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by the Company to you are fully reserved by the Company, its advertisers, and its licensors. Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Site and/or Services may not be owned by the Company and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Site and/or Services.

10. Sharing Content On Social Media.

Users may have the option to share links and content from the Site and/or Services on social media platforms, such as Twitter, Facebook, or other social networking . Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social media platform they share content from the Site and/or Services on.

11. Use of Software.

If the Site and/or Services require or include downloadable Software (as defined below) such as an app, or use of Software provided by the Company, the Company grants a personal, limited, non-exclusive and nontransferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through the Website.

Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose. Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.

The license granted within this Section 11 does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time. Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party. This license is effective until terminated the user or the Company at its sole discretion. User’s rights under this license will terminate automatically without notice if user fails to comply with any terms of this license. Upon termination, user shall cease all use of the Software and delete all versions of the Software possessed by the user.

The warranty and limitation of liability provisions set forth within this Agreement also apply to the use of the Software.

Users acknowledge and agree that use of the Software may require the Company to acquire user’s mobile phone number and perhaps additional such information in order to obtain access Software. Users agree that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. The Company may use this information, as long as it is in a form that does not personally identify a user.

The Company shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.

12. Copyright Infringement Notification.

If you believe that any copyrighted work is accessible through the Site and/or Services in a way that constitutes copyright infringement, please notify the Company by providing our designated copyright agent with the following information:

i. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

ii. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

iii. Identification of the URL or other specific location on the Site and/or Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;

iv. Your name, address, telephone number, and e-mail address;

v. A statement by you, made under penalty of perjury, that:

    a. The information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

    b. You have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send the Company a counter-notice that includes the following:

i. Your name and address, and telephone number;

ii. The source address of the removed content;

iii. A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and

iv. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Site and/or Services may be found, and that you will accept service of process from the person who provided the original complaint.

Please note that the United States Copyright Act prohibits the submission of a false or materially misleading notice or counter-notice, and any such submission may result in liabilities, including perjury.

13. WARRANTY DISCLAIMERS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, COMPANY AND OTHER AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS, OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND/OR SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

THE COMPANY PARTIES MAKE NO WARRANTY THAT: (I) THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT; (II) THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS (SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA); (III) INFORMATION CONTAINED WITHIN THE SITE AND/OR SERVICES IS ACCURATE OR RELIABLE; (IV) ANY CONTENT ACCESSED THROUGH THE SITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO, CONTENT PROVIDED BY THE COMPANY OR USER GENERATED CONTENT, WILL BE COMPLETE OR TIMELY; (V) THE QUALITY OF ANY AND ALL CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING BUT NOT LIMITED TO, ALL MERCHANDISE, GOODS, AND SERVICES OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE SITE AND/OR SERVICES WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (VI) ANY ERRORS IN THE SITE AND/OR SERVICES WILL BE CORRECTED.

THE COMPANY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE AND/OR SERVICES, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE SITE AND/OR SERVICES; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SITE AND/OR SERVICES; (V) FOR ANY DISPUTES BETWEEN USERS OF THE SITE AND/OR SERVICES OR BETWEEN A USER OF THE SITE AND/OR SERVICES AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE SITE AND/OR SERVICES OR ANY THIRD PARTY.

THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE THAT USERS’ MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.

THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SITE AND/OR SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SITE AND/OR SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER BREACH OF A CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THE SITE AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICES OR USE OF THE SITE AND/OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SITE AND/OR SERVICES IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM YOU MAY BRING MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR IT WILL BE PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SITE AND/OR SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SITE AND/OR SERVICES.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Your use of the content or anything else either ordered by you from the Site and/or Services or consumed on the Site and/or Services or other sites is at your sole risk. Content or anything else within the Site and/or Services is for instructional purposes only.

All athletic endeavors and firefighting techniques carry inherent risk. Company is not liable or responsible for any injury to you, any other person, or any property. Further, you agree to release the Company from any and all claims and liability related to your use of any content or anything else on the Site and/or Services. YOUR USE OF THE CONTENT OR ANYTHING ELSE EITHER ORDERED BY YOU FROM THIS SITE AND/OR SERVICES OR CONSUMED ON THIS SITE AND/OR SERVICES OR OTHER SITES IS AT YOUR SOLE RISK. CONTENT IS FOR INSTRUCTIONAL PURPOSES ONLY. ALL ATHLETIC ENDEAVORS AND FIREFIGHTING TECHNIQUES CARRY INHERENT RISK. COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY INJURY TO YOU, ANY OTHER PERSON, OR ANY PROPERTY. FURTHER, YOU AGREE TO RELEASE THE COMPANY FROM ANY AND ALL CLAIMS AND LIABILITY RELATED TO YOUR USE OF ANY CONTENT (INCLUDING USER GENERATED CONTENT) ON THE SITE AND/OR SERVICES.

14. Indemnification.

USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, EXPENSE, DAMAGES, COSTS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SITE AND/OR SERVICES; (II) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON PERMITTED BY YOU; (III) ANY CONTENT THAT YOU SUBMIT TO, POST ON, OR TRANSMIT THROUGH THE SITE AND/OR SERVICES; (IV) ANY USER GENERATED CONTENT OR COMMUNICATIONS; (V) YOUR INFRINGEMENT OR VIOLATION OF ANY RIGHTS OF ANOTHER; (VI) TERMINATION OF YOUR ACCESS TO THE SITE AND/OR SERVICES; OR (VI) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR SETTLEMENT OR COMPROMISE, AND ANY OTHER MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION. YOU AGREE TO FULLY COOPERATE WITH US IN THE DEFENSE OF ANY SUCH CLAIM, ACTION, SETTLEMENT, OR COMPROMISE NEGOTIATIONS, AS REQUESTED BY US.

15. Governing Law.

This Agreement and all aspects of your use of the Site and/or Services shall be governed by and construed in accordance with the laws of the State of New Jersey applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in the in the State of New Jersey in connection with any action arising out of or related to this Agreement and all aspects of your use of the Site and/or Services, and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action. In any claim, action, or proceeding to enforce any right or obligation of the parties under this Agreement or any aspect of your use of the Site and/or Services, you hereby waive any right you may have now or hereafter possess to a trial by jury.

16. Additional Terms and Conditions.

A. Relationship Between Users and the Company. Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between users and the Company.

B. Severability. If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.

C. No Waiver. No single or partial exercise, or failure or delay in exercising any right, power, or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power, or remedy arising under these terms and conditions or otherwise.

D. No Assignment. You may not assign this Agreement or any of your rights or obligations hereunder. Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual user and it does not create any rights for any other parties.

E. Force Majeure. We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

F. Survival. All disclaimers, indemnities and exclusions in this Agreement shall survive termination of the Agreement and shall continue to apply during any suspension or any period during which the Site and/or Services is not available for you to use for any reason whatsoever.

G. Entire Agreement. This Agreement and the documents referred to in them set out the entire agreement between you and us with respect to your use of the Site and/or Services and supersede any and all prior or contemporaneous representations, communications, or agreements (written or oral) made between you or us.