We reserve the right to modify these Terms every so often without giving you prior notice and encourage you to periodically review this page for changes. When we do update the Terms, we will also revise the “updated” date at the top of this page. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
Some of the Objects may be subject to additional published conditions. Your use of those Objects is subject to those additional conditions. Should there be an inconsistency between these Terms and any of the additional published conditions, the provisions of the additional conditions will prevail.
Firebirds retains the right, at our sole discretion, to take any of the following actions at any time and for any reason without giving you prior notice. We will not be liable to you or any third party for taking any of these actions.
- Restrict or suspend your access to our Site or any or all of Objects;
- Change or discontinue all or any part of our Objects;
- Change, move or remove content throughout our Site;
- Institute general practices and establish limits around the use of our Site.
Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site. By using this Site you agree to:
- use the Site only for lawful purposes;
- not take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or Objects;
- not add to, subtract from, or otherwise modify anything on the Site, or to attempt to access any Objects that are not intended for you;
- not use the Site in any manner that might interfere with the rights of third parties.
Our Site contains a mix of content created by Firebirds, our business partners and/or affiliates. Content provided by third parties may include, among other things, company information, and product/service information or reviews. Content may also include communications such as service announcements, administrative messages and advertisements from us, our affiliates, or business partners. We do not guarantee the accuracy, integrity, completeness or quality of the content on our Site or that located at third party URLs that may be posted on our Site.
All material on our Site, without any limitation, is the intellectual property of Firebirds, our business partners and/or affiliates and is protected by federal and international copyright and trademark laws. Under no circumstances may you publish, copy, reproduce, modify, frame, create derivative works of, distribute, transmit, transfer, rent, sell, lease, loan, display or in any other way exploit any of the material on our Site in whole, or in part, other than for your own personal, non-commercial use, without our explicit written consent.
- COPYRIGHT Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
- TRADEMARKS AND LOGOS The use of Firebirds registered trademarks, service marks, and logos is expressly forbidden without our explicit written consent. We will strictly exercise, and enforce, our rights to them to the fullest extent of the law. All other trademarks are the property of the respective trademark owners.
- TECHNOLOGY AND SOFTWARE The technology and the software underlying our Site and its Objects are the property of Firebirds, our business partners and/or affiliates. You may not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, transfer any right or in any other way exploit the technology or software underlying our Site or its Objects.
- LINKS FROM THIS SITE This Site may be linked to other sites which are not maintained by Firebirds.
- Firebirds does not monitor or review the content of other party’s websites which are linked from this Site and is not responsible for the content of those websites. The inclusion of any link to such websites does not imply endorsement by Firebirds of the websites. Firebirds is not responsible for the policies, practices, or content, of these sites. We encourage our users to be aware when they leave our site.
- LINKS TO THIS SITE You may create a link to any page of this Site without our prior written consent. However, if you do create a link to a page of this Site, you do so at your own risk and the exclusions and limitations set forth in these Terms and Conditions will apply to your use of this website by linking to it.
PARTICIPATING MERCHANT POLICIES
Related services and offerings with links from this Site, including vendor sites, have their own Terms and Conditions that can be viewed by clicking on the corresponding links within each respective Site. Since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the terms and conditions of those sites. We recommend and encourage that you always review the terms and conditions of merchants and other third parties before you use their site.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Firebirds, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, officers, directors, owners, employees, agents, and any third-party information providers (collectively, Firebirds Parties) from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Objects, or the content, or any violation by you of these Terms.
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims, including reimbursement for all costs and fees incurred in the defense.
DISCLAIMER OF WARRANTIES
FIREBIRDS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE OBJECTS OR THE CONTENT. FIREBIRDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE OBJECTS, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. FIREBIRDS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE OBJECTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE OBJECTS WILL BE CORRECTED. FIREBIRDS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE OBJECTS AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
LIMITATION OF LIABILITY
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Firebirds may elect to resolve any controversy or claim arising out of, or relating to, these Terms or our Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Mecklenburg County, North Carolina, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you, or we, may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in the state of North Carolina necessary to protect the rights or the property of you or Firebirds (or its agents, suppliers, and subcontractors) pending the completion of arbitration. The arbitrator shall award attorneys’ fees, costs, arbitrator compensation, filing fees and other costs to the prevailing party.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of our Site or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
These Terms will be construed in accordance with the laws of the state of North Carolina, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in North Carolina if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms shall continue in effect.