FIRST IN THE NATION-1854 LLC'S TERMS OF USE

 

Welcome to the FITN-1854.com website (the “Site”). First In The Nation-1854, LLC manages this site and provides services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any of our services (e.g. Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.

 

 

 

USE OF SITE

You must be at least 16 years old or visiting the Site with a parent or guardian.

You are responsible for any activity that occurs under your account, including any financial obligations incurred.

You are responsible for keeping your password secure.

You must not abuse, harass, threaten, impersonate, or intimidate other customers or users of the Site.

You may not use the Site for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Site.

You must not modify, adapt, or hack the Site or modify another website so as to falsely imply that it is associated with the Site.

You must not crawl, scrape, or otherwise cache any content from the Site, including but not limited to user profiles or photos.

You must not create or submit unwanted email or comments (“Spam”).

You must not transmit any worms or viruses or any code of a destructive nature.

You must not, in the use of the Site, violate any laws in your jurisdiction (including, but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your account and access to the Site. While we monitor and prohibit such conduct and content on the Site, you understand and agree that we cannot be responsible for the Content posted on the Site and you nonetheless may be exposed to such materials that you use the Site at your own risk.

 

GENERAL CONDITIONS

We reserve the right to modify or terminate the Site and any accounts for any reason, without notice, at any time.

We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change of the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.

We reserve the right to refuse service to anyone for any reason at any time.

We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.

We are not doctors, and the information provided on the Site is solely for informational purposes. You are responsible to contact appropriate health care professionals for any health-related conditions.

We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

 

DISCLAIMER

This Site and the materials and products in this site are provided “as is” and without warranties of any kind. Whether express or implied. To the fullest extent permissible pursuant to applicable law, First In The Nation-1854, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose and non-infringement. First In The Nation-1854, LLC, does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. First In The Nation-1854, LLC, does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise above. The above limitations may not apply to you.

 

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at http://fitn-1854.com/Privacy-Notice.html.

 

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

 

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

 

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

 

PROPRIETARY RIGHTS IN CONTENT ON THE SITE

All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to First In The Nation-1854, LLC, or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to First In The Nation-1854, LLC or its affiliates. All software used on this Site (the "Software") is the property of First In The Nation-1854, LLC, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws.

 

The Site contains Content (“Site Content”). Site Content is protected by copyright, trademark, patent, trade secret and other laws, and First In The Nation-1854, LLC owns and retains all rights in the Site Content. First In The Nation-1854, LLC hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Site Content (excluding any software code) solely for your personal use in connection with viewing the Site and using any services.

 

FIRST IN THE NATION-1854 LLC, FITN-1854, and other logos, slogans, trade names or words are trademarks or service marks of First In The Nation-1854 LLC or its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

 

This Site contains Content of Users and other Site licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site.

 

By submitting or publishing (“posting”) any Content on or through the Site, you hereby grant First In The Nation-1854, LLC a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels.

 

You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Site.

 

First In The Nation-1854, LLC performs technical functions necessary to offer the Site, including but not limited to trans-coding and/or reformatting Content to allow its use throughout the Site.

 

Although the Site and other Site services are normally available, there will be occasions when the Site or other Site services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of First In The Nation-1854, LLC. The Site encourages you to maintain your own backup of your Content and is not a backup service. The Site will not be liable to you for any modification, suspension, or discontinuation of the Site or Site services, or the loss of any content.

 

SEVERABILITY

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforce-ability of any remaining provision.

 

OUR ADDRESS

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

First In The Nation-1854, LLC

25 Dorchester Ave.

Suite 51042

Boston, MA 02205