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FSTI WEBSITE AND FSTI NET PRIVACY POLICY
Access and Use Agreement
Please read this Agreement carefully before accessing FSTI Web site and FSTINet. As a condition to and in consideration of receiving and accessing FSTI Web site and/or FSTI NET, the User agrees to be bound by the terms of this Agreement. Use of or access to the FSTI Web site and/or FSTINet shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE FSTI WEBSITE AND/OR FSTINet. If you have any questions about this Agreement, please contact us.
THIS AGREEMENT "Agreement" is entered into by and between the Fire Services Training Institute (FSTI) and any individual, corporation, association, agency, company, or other entity who accesses or uses the FSTI Web site and/or FSTINet (the "User" or "you"). The FSTI Web site and FSTINet are a World Wide Web site on the Internet that is designed to allow users to post classified ads and/or to view ads posted by other users or interact with those users. The FSTI Web site and/or FSTInet contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the FSTI Web site and/or FSTInet that can be modified by Users, such as posting ads, uploading multimedia files, registering user profiles, and creating Auto-Notify profiles ("Interactive Areas").
User Rights and Responsibilities You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the FSTI Web site and/or FSTINet and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the FSTI Web site and/or FSTINet. User Conduct
You agree to access and use the FSTI Web site and/or FSTINet only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the FSTI Web site and/or FSTINet, including any Interactive Area, (ii) the use of any networks or other services connected to the FSTI Web site and/or FSTInet, and (iii) the communications means by which you connect your modem, computer, or other equipment to FSTI. By accessing the FSTI Web site and/or FSTINet, you agree that you will not: (1) Restrict or inhibit any other user from using and enjoying the Interactive Features; (2) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law; (3) Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. (4) Post or transmit any information, software or other material which contains a virus or other harmful component; (5) Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the FSTI Web site and/or FSTInet; (6) Disrupt the normal flow of communication in an Interactive Area; (7) Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; (8) Violate any operating rule, policy or guideline of your Internet access provider or on line service.
(9) Engage in political activity. Intellectual Property Rights
(a) You acknowledge that Content on the FSTI Web site and/or FSTINet is generally provided by FSTI, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that FSTI permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that FSTI owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content. (b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "FSTI" and its URL address. You acknowledge that FSTI, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content. Content Provided by User
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the FSTI Web site and/or FSTINet only content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the FSTI Web site and/or FSTINet, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to FSTI the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sub license, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit FSTI to sub license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use. Interactive Areas You acknowledge that FSTI may include various interactive areas ("Interactive Areas"), including but not limited to classified ads. These Interactive Areas allow feedback to FSTI and real-time interaction between users. You further understand that FSTI does not control the messages, information, or files delivered to such Interactive Areas and that FSTI may offer you and other Users the capability of creating and managing an Interactive Area. However, neither FSTI, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that FSTI cannot, and does not intend to, screen communications in advance. Moreover, because FSTI encourages open and candid communication in the Interactive Areas, FSTI cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. FSTI is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that FSTI has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, FSTI may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. FSTI reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written FSTI policy in effect at that time, (ii) be harmful to the rights of any User, FSTI, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable. Termination The only right with respect to dissatisfaction with any policies, guidelines, or practices of FSTI in operating the FSTI Web site and/or FSTINet, or any change in Content, is for you to discontinue accessing the FSTI Web site and/or FSTInet. FSTI may terminate or temporarily suspend your access to all or any part of the FSTI Web site and/or FSTInet, without notice, for conduct that FSTI believes is a violation of this Agreement or any policies or guidelines posted by FSTI, or for other conduct which FSTI believes, in its sole discretion, is harmful to FSTI, the FSTI Web site and/or FSTINet or other Users. FSTI may discontinue operating the FSTI Web site and/or FSTInet and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the FSTI Web site and/or FSTI NET , including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the FSTI Web site and/or FSTINet, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive. Links; Disclaimers Of Warranties; Limitations of Liability
You understand that except for Content, products or services expressly available at the FSTI Web site and/or FSTINet, neither FSTI, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the FSTI Web site and/or FSTInet. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the FSTI Web site and/or FSTInet or controlled by FSTI. FSTI neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the FSTI Web site and/or FSTInet, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither FSTI its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the FSTI Web site and/or FSTInet or your inability to access the Internet or any site linked to or from the FSTI Web site and/or FSTINet. Disclaimer of Warranties
Please use your best judgment in evaluating all information contained or opinions expressed on the FSTI Web site and/or FSTINet. It is the policy of FSTI not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FSTI WEB SITE AND FSTI NET IS AT YOUR SOLE RISK. NEITHER FSTI NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSOR'S OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT CSFA.NET OR ANY INTERNET SITE LINKED TO OR FROM CSFA.NET WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FSTI WEB SITE AND FSTI NET OR ANY INTERNET SITE LINKED TO OR FROM THE FSTI WEB SITE AND FSTI NET OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NON INFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH CSFA.NET OR ANY SITE LINKED TO OR FROM THE . THE FSTI WEB SITE AND FSTI NET IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FSTI, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSOR'S, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE FSTI WEB SITE AND/OR FSTINet, OR ANY INTERNET SITE LINKED TO OR FROM THE FSTI WEB SITE AND/OR FSTI NET, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS. UNDER NO CIRCUMSTANCES SHALL FSTI, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSOR'S, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE FSTI WEB SITE AND/OR FSTI NET OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE FSTI WEB SITE AND/OR FSTI NET. THE CONTENT WITHIN THE FSTI WEB SITE AND FSTI NET AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE FSTI WEB SITE AND/OR FSTI NET MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF FSTI WEB SITE AND/OR FSTI NET AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. CSFA.NET AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FSTI IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CSFA.NET SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF CSFA.NET , IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FSTI WEB SITE AND FSTI NET. Indemnity You agree to indemnify and hold FSTI, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the FSTI Web site and FSTINet or any Internet site linked to or from the FSTI Web site and/or FSTINet, or in connection with the transmission of any Content on the FSTI Web site and/or FSTINet. Additional notifications
FSTI and it's IT agents, may collect personally identifying information about individuals from forms filled out on this site. That information may be used for marketing and educational purposes within FSTI and the California State Firefighters Association (CSFA) only. Information is also collected in aggregate and used for internal reviews of what parts of the site users access or visit. This information is used to improve our Web site and to monitor overall traffic patterns. It is not shared with or sold to any outside entity, including contractors or agents of FSTI and/or CSFA. Please be aware that Web sites that have links on our site may collect personally identifiable information. The information practices of those links are not covered by this privacy policy. Users should also be aware that when they voluntarily disclose personal information (such as user name or email address), that information can be collected and used by others and may result in unsolicited messages from other parties. In addition, cookies may be placed in the browser files of a user's computer. These cookies are optional and may be refused any time using your Web browser software; however, doing so will make some parts of the site inaccessible. Please feel free to contact us if you have questions about this policy. Cookies A cookie is a small amount of data that is sent to your browser from a Web site's computers and is automatically stored on your computer. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. (Each browser is different, so check the "Help" menu of your browser for cookie settings.) Note that setting your browser to reject all cookies may make some parts of the FSTI site inaccessible. Disclosures to Third Parties FSTI also makes member contact information available through the FSTI and CSFA directories to other members using its Web site. In addition, FSTI incorporates information users provide into hard copies of the FSTINet membership directory that it provides to the network members. On occasion, FSTI may also provide limited data to third parties that offer products and services relating to specific training events only. These limited data include names, job titles, companies and business addresses, but do not include business phone numbers, business fax numbers or e-mail addresses. Users may request FSTI and/or these third parties refrain from disclosing the data it collects to third parties going to the website or may contact FSTI at 800-451-CSFA or the Web site administrator. Credit Card Account Information FSTI does not disclose credit card account information provided by its members and customers. When members and customers choose to pay using their credit cards, FSTI submits the information needed to obtain payment to the appropriate clearinghouse. The FSTI Web site is authentic and all transactions are secured by industry-leading SSL encryption from VeriSign. Copyright This site is protected by copyright and trade mark laws under United States and International laws. No part of this work may be reproduce without the written permission of FSTI. All brand names, logos and trademarks on this Web site are used with permission of the owner. This permission is not transferable. Ownership This site and contents are owned and operated by the Fire Services Training Institute (FSTI). FSTI is a non-profit, tax exempt public benefit California corporation. FSTI is part of the corporate family of the California State Firefighters Association. Any questions, comments or concerns can be directed in writing to the following address: Fire Services Training Institute 2701 K Street, Suite 201 Sacramento, CA 95816-5113 800-451-CSFA FSTINet is owned and operated by the Los Angeles Area Fire Marshals Association (LAAFMA) under agreement and in conjunction with FSTI. Access to FSTINet is by permission only as approved by FSTI. Approval for access to FSTINet is not automatic and subject to reoccurring review for continued qualification. For further information, please write to the following address: Los Angeles Area Fire Marshals Association (LAAFMA) PO Box 341256 Los Angeles, CA 90064
or, contact the administrator. Conclusion This Agreement comprises the entire agreement between FSTI and you, and supersedes any prior agreements with respect to the subject matter herein. FSTI may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the FSTI Web site and FSTINet. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the FSTI Web site and/or FSTInet. Your continued accessing and use of the FSTI Web site and/or FSTINet following notice of any such revision shall conclusively be deemed acceptance of all such revisions. All provisions of of this Agreement shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of FSTI to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of FSTI, excluding its conflict of laws rules, and you and FSTI each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations there under to anyone.
December 2007 |