Terms of Use

INTRODUCTION

Welcome to the Internet site operated by Fireminds Operations Ltd. (hereafter referred to as “Fireminds”, “we”, “our” or “us”) who own and operate the Site from a server in Bermuda. Our offices are located at 2nd Floor, Innovation House, 46 Reid Street, Hamilton, HM12, Bermuda. This Internet site offers a variety of resources and information, some or all of which may be accessed through a variety of means.

In consideration for the use of our Web site at www.fireminds.com (the “Site”), you agree to the following terms and conditions of use (“Terms of Use”): The term “you” or “your” includes any of your subsidiaries, affiliates, employees and parent or legal guardian.

ABOUT THIS SITE AND THESE TERMS

We provide the Site for information and as a service to our customers in Bermuda. It is not intended for use outside Bermuda. We may discontinue or change the Site, including these Terms of Use, any Content or services available on the Site, at any time without notice. Changes take effect when posted to the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

“Content” includes what you may see, read, hear, download or access on or from the Site in any form (including HTML and Java code). All Content is protected by copyright and/or other intellectual property laws under Bermuda and foreign laws. Certain names, words, brands or devices on the Site may be the exclusive trademarks of Fireminds in Bermuda or of their respective owners, protected at common law or registered in Bermuda or other countries. The symbols ™ and ® designate Bermudian unregistered and registered trade mark status respectively. Using the Site will not give you a license to exercise any intellectual property rights, unless expressly stated.

You may display, copy, print and download any Content from the Site for your personal, non-public and non-commercial use only, provided you do not, directly or indirectly:

change or delete any copyright or proprietary notices from the Content;
adapt, alter, translate, copy, reproduce, store, perform, show, play, broadcast, publish, repost, transmit, distribute, or otherwise use any of the Content for any commercial or public purpose;
decompile, reverse engineer or create derivative works from any downloadable software;
transfer the Content to another person or Web site or computer network, including any personal Web site or network; and
pass off or otherwise infringe the intellectual property rights of Fireminds or others.

Except as provided above or authorized by law, you must not, directly or indirectly, adapt, alter, translate, copy, reproduce, store, perform, show, play, broadcast, publish, repost, transmit, distribute, or otherwise use any Content on the Site without the written consent of Fireminds or the relevant owner. You must not use any trade mark displayed on the Site without the written consent of Fireminds or the relevant owner. Parts of the Site may contain other proprietary notices and copyright information, which must be observed and complied with.

LINKS TO OUR SITE

If you use a hypertext reference (HREF) link to our Site, you do so at your sole risk and you agree to link to our home page only and not to frame our Site. Your link to us or any comment, material or services associated with the link must not: infringe our intellectual property rights; defame or disparage us, our services or goods; diminish our goodwill; be false, misleading, obscene or unlawful; negatively affect us; or imply that we endorse your Web site, services or goods. If you wish to link our Site from your Web site, please provide us the exact URL address of the Web site page where the link is to appear, the legal name of the owner and operator of the Web site, and your name and e-mail address. We may remove the link without notice to you or require you to remove the link and reference to our Site at any time. You must not use a deep link or an image (IMG) link, or use the Fireminds logo or any of our trademarks as a “hot” link, to our home page or any other part of the Site, without entering a written link agreement with Fireminds. For notices and queries about links, please e-mail support@fireminds.com or write to us at 2nd Floor, Innovation House, 46 Reid Street, Hamilton, HM12, Bermuda attn: Marketing.

LINKS TO THIRD PARTY WEB SITES

The Site may contain informational or advertising links or references to external Web sites that are owned, operated, developed and controlled by others and not by us. We do not endorse or authorize access to those external Web sites or any content, services and goods on or through them. You use those links at your own risk and are urged to review their legal and privacy notices, terms and conditions.

We will not be responsible for or liable to you for any losses or damages resulting of your use of links to or from external Web sites or of any dealings you have with such third parties.

VIRUSES

We cannot and do not represent or warrant that Content or services available for use or downloading through the Site will be free of viruses, worms, Trojan horses, or other code with contaminating or destructive properties.

You should take precautions, including scanning for viruses and having a complete and current back up of files on your computer system.

ACCURACY AND CURRENCY DISCLAIMER

You use the Site, including the Content and services available on it, at your sole risk. Although we try to ensure the accuracy and currency of the Content we post on the Site, we do not represent or warrant that the Content on the Site is accurate, complete or up-to-date, or free of technical or typographical errors. Fireminds is not under any obligation, and to the fullest extent permitted by law, expressly disclaims any obligation, to update or alter Content on the Site, whether as a result of new information, future events or otherwise.

The Content may contain forward-looking statements, which speak only as of the date they were made. Words such as “anticipate,” “estimate,” “expects,” “projects,” “intends,” “plans,” “believes,” “will” and words and terms of similar substance indicate forward-looking statements. All forward-looking statements are management’s present expectations of future events and are subject to a number of factors and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements. You are cautioned not to place reliance on the Content, which is not provided as legal or accounting advice. Fireminds and its affiliates operate in highly competitive, consumer driven industries and are dependent on a variety of factors including government regulation, customer demand, technological developments, third-party relationships and protection of their intellectual property rights. Fireminds’ actual results could differ materially from management’s expectations because of changes in such factors. Any statements in the Content attributable to Fireminds, its affiliates or any person acting on their behalf are expressly qualified in their entirety by the cautionary statements referred to in this section.

NO REPRESENTATIONS OR WARRANTIES

FIREMINDS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FIREMINDS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FIREMINDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, COURSE OF DEALING, INTEROPERABILITY, MERCHANTABILITY, SERVICE AVAILABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FIREMINDS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FIREMINDS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Fireminds reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, FIREMINDS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR ECONOMIC OR COMMERCIAL LOSS, LOSS OF PROFITS OR REVENUE OR EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, OR LOSS OF USE, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR ANY LINKED OR REFERENCED WEB SITE, OR ANY ERRORS OR OMISSIONS OR OTHER DEFECTS IN THE CONTENT, IN CONTRACT, TORT, STATUTE OR OTHER THEORY OF LIABILITY, EVEN IF WE KNOW OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT ALLOWED BY LAW, FIREMINDS’ TOTAL LIABILITY TO YOU, IN CONTRACT, TORT, STATUTE OR OTHER THEORY OF LIABILITY, ARISING IN RELATION TO THE SITE (INCLUDING THE CONTENT AND THESE TERMS OF USE) IS LIMITED TO FIFTY (BM$50.00) BERMUDA DOLLARS.

NO ADDITIONAL WARRANTY

Nothing on the Site shall add to or change any contract for services or goods you may have with Fireminds, its suppliers or affiliates. Nothing on the Site shall be construed as a further or additional representation or warranty. You shall construe nothing on this Site as being an offer by us, only as an invitation to treat.

EXTENSION OF DEFENCES

Every right, including right to be indemnified, exemption from liability and defence of whatsoever nature applicable to Fireminds or to which Fireminds is entitled hereunder extends to and for the benefit of the directors, officers, employees, agents, shareholders, affiliates, suppliers (including any party involved in creating, producing or delivering the Site or the Content), successors and assigns of Fireminds.

INDEMNITY

You agree to defend, indemnify and hold us, our shareholder, directors, officers, employees, agents and affiliates harmless from any and all losses, claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) related to or associated with your use of the Site or someone using your account and password or your or such user’s violation of these Terms of Use.

REGISTRATION AND CANCELLATION

You may need to contract with us to access certain parts of the Site, in which case:
you must give accurate and complete registration information and advise us of any changes;
you must safeguard any user name, password and account that we give you;
you authorize us to assume that any person using the Site with your user name and password is either you or is authorized to act for you; and
you agree to immediately notify us of any unauthorized use of your user name, password or account.

We may suspend your access and/or cancel services contract if we believe you have breached these Terms of Use, including any additional terms and conditions applicable to the part of the Site or service for which you have contracted. After your access is suspended and/or your services contract is cancelled, we may delete any Content you posted or accessible only to you on or via that part of the Site. All terms and conditions that by their nature extend beyond the suspension of your access or termination of our agreement, including our disclaimers and limitations of liability and your obligations to pay any amount owed and to indemnify us, will survive suspension of your access and/or termination of our agreement.

MAIL STORAGE

We allow a quota of up to 20MB of storage on our server per e-mail account. You agree not to use more than your allotted quota of 20MB storage space at any time unless prior arrangements have been made with us.

WHAT YOU MUST NOT DO OR COMMUNICATE

You must not violate our Acceptable Use Policy. Without limited the generality of the foregoing, you must not post, upload, publish, reproduce, transmit or otherwise distribute any material or Content on the Site that:

is likely to give rise, or to encourage conduct that would give rise to criminal or civil liability;
you do not have the right to post, upload, publish, reproduce, broadcast, transmit or otherwise distribute;
passes off or infringes any copyright, trade mark, patent or other intellectual property right of another person;
is in contempt of any legal proceedings;
is false or misleading;
is intended to incite or is likely to excite or promote ill will or hostility against any section of the public, or indicates discrimination or an intention to discriminate against any person or class of persons, because of race, place of origin, colour or ancestry, ethnic or national origins, sex, marital status, birth out of lawful wedlock, religious beliefs or political opinions;
is offensive, or of an indecent, obscene or menacing character;
is likely to cause, or is for the purpose of causing, annoyance, inconvenience or needless anxiety to another;
is defamatory;
impersonates any person or misrepresents your relationship with any person or authority;
contains unsolicited or unauthorized advertising;
contains viruses, worms, Trojan horses or other code with contaminating or destructive properties; or
interrupts or interferes with or adversely affects any software or hardware or use of the Site or the Internet by others or us.

You must also not use the Site:

in a manner or for a purpose prohibited by law (including without limitation, to send or communicate messages, conduct activities or otherwise use the service in contravention of the Telecommunications Act 1986, the Obscene Publications Act 1973, the Criminal Code Act 1907, the Proceeds of Crime Act 1997, the Human Rights Act 1981, or the Tenth Schedule to the Companies Act 1981);
to send or communicate bulk, unsolicited Electronic Records (as defined in the Electronic Transactions Act 1999) to persons with whom or which the customer has no relationship (either contractual or personal) or to persons that have not otherwise consented to receive such Electronic Records; or
to access, or enable others to access, parts of the Site or Content to which you are not authorized to access, including the personal information of other users of the Site.

SECURITY SAFEGUARDS & CONFIDENTIALITY OF COMMUNICATIONS

Please note that communications sent over the Internet, particularly unencrypted e-mail, are subject to possible interception, loss, change or forging.

Fireminds will not be responsible for any damages you may suffer from the transmission of confidential information that you make to Fireminds or any third party, or request Fireminds or any third party to make to you through the e-mail links provided or addresses given on the Site. Fireminds is not responsible for any errors or changes made to, or loss or interception of, any transmitted information. Such transmission is at your own risk.

MONITORING

We may, but are not obligated to, monitor any material or Content residing on or transmitted to our server.

We may, without notice, change or remove any material or Content residing on or transmitted to our server that we, in our sole discretion, believe is unacceptable or violates the law or these Terms of Use.

We may, without notice, restrict, block, suspend, or terminate your access to use the Site or any part of it to protect it or our services or if required by law or we, in our sole discretion, believe you are in breach of these Terms of Use.

APPLICABLE LAW & GENERAL PROVISIONS

Any claim arising out of the Content or the use of the Site shall be governed by and construed in accordance with the laws of Bermuda, without giving effect to any principles or conflicts of law.

You irrevocably submit to the non-exclusive jurisdiction of the courts of Bermuda. If you use the Site from outside Bermuda, you do so at your own risk and you alone are responsible for complying with applicable laws.

Our failure to insist upon or enforce strict performance of any provision in these Terms of Use shall not be construed as a waiver of such provision or any right.

If any part of these Terms of Use or any additional terms and conditions applicable to certain parts of the Site is found by any court or tribunal of competent jurisdiction to be void, invalid or unenforceable, it shall be given effect to the greatest extent possible and the remainder will continue to apply.

These Terms of Use, together with any additional terms and conditions applicable to certain parts of the Site and certain services, constitute the entire agreement between you and us and supersede all prior agreements relating to the subject matter thereof. In the event that there is a conflict between these Terms of Use and any other terms and conditions applicable to certain services and certain parts of the Site, the terms and conditions applicable to certain services and certain parts of the Site shall prevail.

We may, by posting on this Site, change these Terms of Use from time to time. Please check back regularly to keep abreast of any changes.

If you have any questions regarding these Terms of Use or this Site please contact us at support@fireminds.com.