Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

These terms and conditions of use may be changed in the future without further notice. Further, these terms and conditions apply exclusively to your access to, and use of, this Web site and do not alter in any way the terms or conditions of any other agreement you may have with Firesteed Corporation ("Firesteed") for products, services or otherwise.

Firesteed Trademarks
Firesteed and the Firesteed Horse Design (collectively and hereinafter "Firesteed's Marks"), are service marks, trademarks, and/or trade dress of Firesteed, and may not be copied, imitated, or used, in whole or in part, without the permission of Firesteed. Firesteed hereby grants to visitors of this web site (hereinafter "You") a non-exclusive, non-transferable, non-assignable license, without the right to grant sublicenses, to download and use Firesteed's Marks, solely for the purpose of advertising, marketing, selling or promoting authentic Firesteed products. By downloading and using Firesteed's Marks, You agree to the following guidelines:

  1. You acknowledge and agree that Firesteed's Marks are the sole and exclusive property of Firesteed, that You will do nothing to jeopardize those rights and that all uses by You of Firesteed's Marks inures to the benefit of, and is on behalf of, Firesteed.

  2. You may not alter, modify or change Firesteed's Marks in any manner whatsoever.

  3. You may not download or use Firesteed's Marks in a manner which disparages or defames Firesteed, its products or services.

  4. Firesteed can terminate this license at anytime. Upon termination of this license, You agree to cease any and all use of Firesteed's Marks.

  5. You may not falsely use Firesteed's Marks in a manner which suggests or implies that Firesteed sponsors, endorses or is otherwise affiliated with You and You may not use Firesteed's Marks except in connection with authentic Firesteed products.

Firesteed has the right to modify, without notice, these guidelines and reserves the right to take any action against anyone who uses or downloads Firesteed's Marks in contravention of these guidelines.

Copyright
This Web site contains copyrighted material which is owned by Firesteed (Copyright ©1999, Firesteed Corporation. ALL RIGHTS RESERVED). Any use of the materials in this Web site-including any commercial use, reproduction for purposes other than described herein, modification, distribution, republication, display, or performance-without the prior written permission of Firesteed is strictly prohibited. In addition to the trademark use described above, you may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and non-commercial, personal use only.

Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Firesteed, or postings on this Web site, are non-confidential and shall become the sole property of Firesteed.

Firesteed shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Firesteed, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Software
Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this Web site is licensed to you by Firesteed. Firesteed shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

Disclaimer
This web site and the materials in this web site are provided on an "as is" basis without warranties of any kind, either express or implied. Firesteed disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular
purpose, title, and non-infringement. Firesteed does not represent or warrant that materials in this web site are accurate, complete, reliable, current, or error-free. Firesteed does not represent or warrant that this web site or its server(s) are free of viruses or other harmful components.

Firesteed reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Firesteed.

Limitation of Liability
In no event shall Firesteed be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of this web site or the materials contained in, or accessed through, this web site.

Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Washington, applicable to agreements made and entirely to be performed within Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in U.S. District Court for the Western District of Washington located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination
Notwithstanding any of these terms and conditions, Firesteed reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site, and to block or prevent future access to and use of this Web site.

Severability
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.