Terms of Use
1. Accept These Terms
First Site Solutions owns and operates this Website located at http://www.firstsitesolutions.com/ (“Website”). This is a binding contract governs your relationship with firstsitesolutions.com. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices. By using this Website and the Services, you are agreeing to all of the Terms of Use (the ‘Terms’ for short), as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by First Site Solutions. First Site Solutions has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
2. Privacy Policy
First Site Solutions respects your privacy. Our privacy policy, which sets out how we will use your information when you use the Website and our Services, can be found here. Our privacy policy is expressly incorporated into this Terms by this reference.
By using this Website and our Services, you consent to the processing described therein and warrant that all data provided by you is accurate.
3. User Account
If you register an account with First Site Solutions to access some information and use our services, you are responsible for any activity on your account. You must not use language that is vulgar, offensive, or infringe others’ intellectual property rights, or otherwise violates the Terms.
You must be at least 18 years of age to use our Services. Minors under 18 and at least 13 years old are only permitted to use our Services through an account owned by a parent or legal guardian with their permission and under their direct supervision. Children under 13 are not permitted to use Website or the Services. You are responsible for any and all account activity conducted by a minor on your account.
4. User Content
By posting your content (“User Content”) on our Website or Services, you grant First Site Solutions a license to use it. We don’t claim any ownership to User Content, but we have your permission to use it in connection with First Site Solution function and operation. This allows us to help promote your stuff and won’t infringe any rights you have in your User Content. By posting your content to our Website or Services, you are agreeing that First Site Solution may use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content, in any formats and through any channels, including across any First Site Solutions Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using your User Content. You also recognise our legitimate interest in using it, in accordance with this license, to the extent User Content contains any personal information.
5. Prohibitions
You must not misuse this Website. For legal reasons or otherwise, there are certain types of content should not be posted on the Website or Services. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, false, misleading, or otherwise offensive or in violation of any part of our Terms and Policies. You also agree not to commit or encourage a criminal offense; transmit or distribute a virus, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and First Site Solutions will report any such breach to the relevant law enforcement authorities and disclose your identity to them. First Site Solutions reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the Terms or of any applicable laws.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
6. Intellectual Property Rights
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) made available to you on or through this Website or the Services remain the property of First Site Solutions or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by First Site Solutions and its licensors. By accessing the Website or using the Service, you agree to obey the laws and respect the intellectual property rights of others. Your use of the Website and the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you use, provide or transmit, or that is used, provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
7. Use of Our Services
First Site Solutions grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services. Your use of our Services is subject to the Terms and the following restrictions in particular: (a) Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, federal, and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our Policies and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against First Site Solutions, the Website and/or the Services users, or any third party. (b) Pay Your Bills. You are responsible for paying all fees that you owe to First Site Solutions. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy. (c) Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. (d) Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code. (e) Share Your Ideas. We appreciate your suggestions and ideas! Your ideas and suggestions can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to First Site Solutions (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. (f) By using our Services, you agree that we can send you information electronically (by email, etc.) instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.
8. Alleged Violations and Termination
We reserve the right to terminate your use of the Website, and/or the Services. To ensure that we provide a high quality experience for you and for other users of the Website and the Services, you agree that First Site Solutions or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, violations of third party rights, or other unauthorized uses of the Website or the Services. We may terminate or suspend your account (and any related accounts) and your access to the Website and/or the Services at any time, for any reason, with or without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Website or Services. We may refuse service to anyone, at any time, for any reason. If your account is terminated, you may lose any information associated with your account, including Your Content.
First Site Solutions reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We are not liable to you for the effect that any changes to the Services may have on you, including your use of the Website, your income or your ability to generate revenue through the Services. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
9. Disclaimer of Warranties
First Site Solutions hereby disclaims all warranties. You use the Website or the Services solely at your own risk. We make the Website and Services available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the Services. To the maximum extent permitted by law, we expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that (a) the Website or the Services will be secure or available at any particular time or location; (b) the Website or the Services will meet your requirements or expectations; (c) the Website or the Services will be uninterrupted, free of errors, viruses, or other harmful materials; or (d) any errors or defects will be corrected.
10. Limitation of Liability
First Site Solutions provides the venue for independent sellers to list and sell items through our Services. We do not produce, store, or inspect any of these items produced, listed, and sold directly by independent sellers, so we cannot and do not guarantee their quality, safety, or legality. Any legal claim related to any item you purchase from an independent seller must be brought directly against the seller of the item. You release First Site Solutions from any claims related to items sold directly by independent sellers through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury.
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. First Site Solutions makes no representations concerning any content posted by users through the Services. We are not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. Unless expressly stated to the contrary to the fullest extent permitted by law, First Site Solutions and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
First Site Solutions does not screen users of our Services. You release us from all liability relating to your interactions with other users through using the Services, either online or in person. Please be cautious and exercise good judgment in all interactions with other users. Our Services contain links to third-party websites or services that we do not own or control. You may also need to use a third party’s product or service in order to use some of our Services. You access these third-party services at your own risk. The third parties may require you to accept their own terms of use. It is solely between you and the third party. First Site Solutions is not liable to you for the consequence by accessing or using third party’s product or service.
You understand that First Site Solutions does not make any warranties with respect to your Coupon or Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Coupon, a Gift Card or Gift Card code that results from any action by you or a third party. You acknowledge that we may suspend or prohibit use of your Coupon or Gift Card if it has been reported lost or stolen, or if we believe your Coupon or Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Coupon or Gift Card code stops working, your only remedy is for us to issue you a replacement. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
11. Linking To This Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright, except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with First Site Solutions and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to First Site Solutions.
12. Affiliated Websites
First Site Solutions does not control and has no liability for any third party websites or materials. We work with partners and affiliates whose websites may be linked with the Website. Because we do not control over the content and performance of these partners’ and affiliates websites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such websites. We assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. In using our Website or Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You agree that First Site Solutions makes no guarantees about, and assumes no liability for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
13. Prohibitions
First Site Solutions imposes certain restrictions on your permissible use of the Website and the Services. You are prohibited from violating or attempting to violate any security features of the Website or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by First Site Solutions in providing the Website or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
14. Indemnity
You agree to indemnify, defend and hold harmless First Site Solutions, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use our Website or the Services, your breach of the Terms of Use, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
15. Variation
First Site Solutions shall have the right in its absolute discretion at any time and without notice to update, amend, remove or vary the Services and/or any page of the Website.
We reserve the right to amend the Terms. If we believe that the changes are material in nature, we shall let you know by (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
16. Invalidity; Waiver
If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you), that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect, and the enforceability of any other part of the Terms will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
No waiver of any breach of any provision of the Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
17. Complaints
First Site Solutions operates a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
18. Entire Agreement
The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and First Site Solutions.
