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Terms of Service

(last updated July 18, 2008)

The FirstString℠ website and the functionality, content, features, applications and services offered at www.firststring.com, including Internet and email messaging services (all of which are referred to as “FirstString”) is a proprietary World Wide Web service operated and maintained by FirstString, Inc. (“Company”) for use solely by high school athletes and their fans/friends and recruiters who are authorized by the Company to use FirstString. By clicking “I have read and agree to the terms of service” on the Registration Page, you are applying to become an Athlete, Fan or Recruiter subscriber (each a “User”) to FirstString.

These Terms of Service (“Terms”) set forth the legally binding terms and conditions on which the Company is willing to permit use of FirstString by Users and by non-registered visitors to the site (“Visitors”). You agreement to all of the terms and conditions set forth in these Terms and in any modifications made in accordance with Section 8 by checking "I Agree" on the Registration Page or by accessing and using FirstString. If you do not wish to be bound by these Terms, simply check the appropriate box on the Registration Page and you will be returned to the Home [Splash] Page. Use of this website by a Visitor signifies agreement to all of the Visitor terms and conditions set forth in these Terms and in any modifications made in accordance with Section 8.

Becoming a FirstString℠ User

FirstString Services

Each FirstString User account includes, among other things, a personal home page and profile developed by the User and containing the User’s own content displaying regarding athletic prowess and achievements, recruiting information, or fan perspective through the use of text, graphics, photographs, video clips and sound (any of which is referred to as “User Content”). Rules regarding User Content are detailed in Sections 6, 10, 11, 12, and 13.

FirstString offers four types of User Profiles:

  • Athlete Profiles: This is where Athletes on FirstString can manage their interests and contact information, photos and videos, individual stats, friends, and board comments.
  • Team Profiles: Each team Athlete on FirstString can join his or her Team Profile, which allows all team members to manage their team information, photos and videos, and team roster. To join a team, you must be a high school athlete actively on the team prior to joining FirstString.
  • Recruiter Profiles: College and professional Recruiters on FirstString will have their own unique profiles that allow Athletes to connect and interact with them. Recruiters use FirstString to find potential athletes for their teams and to reach out to them. Company has taken reasonable steps to confirm that each Recruiter User appearing on the site is a college or professional recruiter.
  • Fan Profiles: This profile is for friends and families of athletes, and anyone else who is a fan and wants to participate in all the FirstString action.

Eligibility

FirstString is intended solely for Users and Visitors who are 13 years of age or older. Any person under 13 years of age may not become a User of FirstString, and any use of this site by persons under 13 years of age is unauthorized and is in violation of these Terms. If we believe that you are under 13, we will terminate your account and delete any information that you have provided to us. If you are a minor over the age of 13, we recommend that you ask your parents for permission before signing up or using FirstString and before sending any personal information over the Internet. If the application to become a User is by an individual under the age of 18, such minor’s rights and permissions to use FirstString shall be provided as stated in these Terms, and only for so long as such minor’s enforceable agreement to these Terms is not challenged by such minor or by any other person or entity.

User Information and Privacy Policy

You agree to provide the Company with accurate, complete, and updated information required at the time of registration as a User (“Registration Data”), including your legal name, date of birth, gender, high school, graduation year, e-mail address, password, sport, and team. The Company reserves the right to verify the accuracy of this information. You agree to promptly notify the Company of any change in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your account and right to use FirstString.

The Company reserves the right to reveal any Registration Data or other information in its possession regarding Users in cooperation with a request or investigation by any governmental body or governmental agency, or as otherwise required by law.

The FirstString Privacy Policy governs the Company’s obligations to you regarding the collection, maintenance use and disclosure of personal information. PLEASE READ THE PRIVACY POLICY CAREFULLY.

You acknowledge and agree that, except as provided in the FirstString Privacy Policy, transmissions made by means of FirstString are not confidential and that your information, material, User Content, and communications may be read or intercepted by others. You acknowledge that by transmitting or displaying materials by means of FirstString, no confidential, fiduciary, contractually implied, or other relationship is created between you and the Company, except as provided in the Privacy Policy.

You may manage your privacy settings by clicking the Privacy tab in the upper right hand corner of your profile page. You may hide information about yourself and may restrict other Users’ access to your profile by adding their names to the “Block User” list. However, Athletes may not limit Recruiters’ access to Athlete profiles.

FirstString protects Users from having their personal and private information viewed or shared by non-friends, non-teammates, and visitors.

  • Visitors cannot view Athlete or Fan profile contact information, comment boards, or control panels. Visitors are also prohibited from viewing Team Profile comment boards.
  • Athlete Users outside of another athlete’s conference cannot view the contact information and the comment board on the athlete’s personal profile. Athletes cannot post on the comment board of a Team outside of their conference, but they can view the comments left by other people.
  • Athletes in the same conference as another athlete, but not a friend of the athlete, cannot view the athlete’s contact information or the athlete’s comment board. Once an athlete becomes a friend of another athlete, the approved friend will have access to view the contact information and the comment board.
  • Teammates will have access to view each other’s full personal profile pages and post on each other’s comment boards unless they are restricted by an athlete’s personal privacy settings.
  • Athletes have full access to view all areas of the Team profile and leave comments on the Team board for Teams in their conference.
  • Recruiters have unrestricted access to Athlete profiles and may view full personal profile pages and post on comment boards.

Username and Password

When you have been accepted as a User, you will select a User Name and a Password that will be required for you to manage your User Profile and User Content and view other User Profiles and User Content.

You are solely responsible for maintaining the confidentiality of your Password, and you are personally responsible for all use, whether authorized or unauthorized, of FirstString under your Password. You agree that the Company will have no obligation or liability with regard to any and all use of your Password.

REMEMBER YOUR USER NAME AND PASSWORD! If you forget either of them, the Company may disclose them to you under security procedures determined by the Company, which may result in substantial delays in your ability to access FirstString. You must promptly inform the Company if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your User Name or Password. Until the Company is properly notified of a breach of security by e-mail at customerservice@firstString.com, you will remain responsible for any unauthorized use of FirstString occurring under your User Name and Password.

The FirstString service is provided for your personal use only. Except with the Company’s express written consent, you shall not resell, in whole or part, or otherwise commercially exploit, assign or transfer your right to use FirstString to anyone else. You shall not make your Password available to others, nor allow use of FirstString by others through your User Name and/or Password.

Use and Display of Content

You hereby grant to the Company the non-exclusive, perpetual, sublicenseable and transferable right and license to copy, sell, perform, make derivative works of, distribute, publish, and otherwise exploit all User Content that you provide for display via the FirstString service in any and all media whatsoever, whether now known or later developed.

If you have been in the past, or are in the future, a participant in or spectator of any sports game or event filmed or recorded by the Company or by any User, or filmed by any third party pursuant to the authority of the school or other organization sponsoring such sports game or event, you hereby grant permission to the Company (as well as its licensees and assigns) to include your appearance, performance, voice and/or other attributes in the filmed footage or recording, in all versions and derivations thereof, and in connection with the advertising and promotion thereof. You hereby irrevocably waive any and all claims you may have at any time against the Company or any other entity acting under or with the authority of the Company arising out of the use of the footage or recording, including, without limitation, claims for libel or for invasion of privacy, infringement of right of publicity, or any other right whatsoever.

The Company grants to you, while you are a User of FirstString, a non-exclusive, non-transferable, limited right to access, and display on your computer, the FirstString services (including display of User Content) in accordance with these Terms. These Terms do not grant you the right to use the FirstString mark or any other trademark, service mark, logo, or property of the Company for any purpose whatsoever without the Company’s specific approval.

Termination

The Company maintains the right to terminate any User or Visitor’s access to FirstString at any time, with or without cause, in the Company’s absolute discretion and without notice. The recital of specific grounds for termination in these Terms or elsewhere shall not limit the Company’s absolute right to terminate any User’s access to FirstString under this paragraph. Users may terminate their FirstString account at any time by providing notice to the Company at custserv@FirstString.com, and termination will occur immediately upon receipt by the Company. After termination, that User’s data will be hidden from view on the site, but FirstString.com will not destroy or remove from its data servers any of the User’s information for at least one year. In the event that the User re-joins FirstString within on eyear, the User’s information (including his/her photos, videos, stats, friends, comments, personal info, etc.) will be made available.

Modifications and Terms of Service

The Company has the right to modify these Terms in any manner and at any time, without notice or liability. Any modification is effective immediately upon either a posting on the FirstString Terms Page, or upon notice by e-mail to the e-mail address last provided to the Company by you. Your continued use of FirstString following notice of any modification of these Terms shall be conclusively deemed an acceptance of all such modification(s). Therefore, it is important that you review this agreement regularly so that you are informed of any changes. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of the Company in providing FirstString, is to terminate continued use of FirstString and your account by delivering proper notice thereof to the Company. Such notice will be effective upon receipt by the Company.

The Company may at any time, without notice or liability, change or eliminate any FirstString content or feature, or restrict the use of any portion of FirstString, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service related change or elimination is to terminate further use of FirstString and your account by delivering proper notice to the Company. Such notice will be effective upon receipt by the Company.

Fees and Costs

No fees are currently charged for use of FirstString services, including User Profile and User Content posted on FirstString. Each User and Visitor bears the full cost of connecting to the FirstString web site and the costs of any related equipment and telecommunications services.

Posting on FirstString: Play by the Rules or get Flagged!

Using FirstString to engage in the following activities or practices constitutes a violation of the Terms and is subject to a penalty, ranging from a suspension of certain privileges to the termination of your User account:

Any use of FirstString to:

  • violate any law or regulation, or to facilitate the violation of any law or regulation;
  • invade the privacy of third parties;
  • impersonate Company personnel or other parties or entities;
  • transmit unlawful, fraudulent, offensive, obscene, pornographic, defamatory, abusive, threatening, or otherwise objectionable material, or to encourage conduct that would give rise to civil liability;
  • register more than one personal account, or to register an account on behalf of another person or entity;
  • solicit personal information from anyone under 18 years of age;
  • infringe on another person’s patented, trademarked, or copyrighted work;
  • include a picture or video of another person that you have posted without that person’s consent;
  • engage in advertising to, or solicitation of, others to buy or sell any goods or services, or to contribute money, goods or services to any cause, except in those areas of FirstString, if any, specifically designated by the Company for such purposes;
  • violate, or assist in violating, the security of FirstString, whether intentionally, negligently, or otherwise;
  • attempt to utilize another User’s account, User Name, Password, or persona without authorization from that User;
  • transmit to the Company’s e-mail address associated with FirstString e-mail messages, whether commercial or not, that result in the impairment or interference with the Company’s operation;
  • transmit by means of FirstString any data or material that contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

For each violation by a User of these Terms, Company may take appropriate action including, without limitation, suspension, termination and/or seeking compensation for the lost goodwill such a violation causes. Payment by you under this provision shall not prevent the Company from seeking to obtain other legal remedies against you, including other damages and costs, or an injunction.

Representations and Warranties

You represent and warrant to the Company that you will not transmit by means of FirstString, including, without limitation, through or on your Profile or through FirstString messaging and e-mail services, and that you will not submit to the Company for digitizing, any videos, data or materials of any kind which:

  • violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party;
  • are exported in violation of any law, rule, or regulation including laws, rules, and regulations governing exports from the United States;
  • contain fraudulent, offensive, threatening, libelous, defamatory, obscene, pornographic, abusive or otherwise objectionable or unlawful material, or material that would give rise to civil liability; or
  • contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You represent and warrant to the Company that your use of FirstString will at all times comply with all applicable laws, rules, and regulations.

You represent and warrant to the Company that all content that you provide for display on FirstString is owned by you and that you have all necessary rights to grant to the Company the rights and licenses provided under Section 6(a).

Content

All User Content displayed by you on your Profile shall be true and accurate and shall relate solely to your relevant personal activities and shall meet all of the conditions set forth in these Terms, including your representations and warranties in Section 11 above.

ADULT CONTENT: You agree to not post any obscene or pornographic materials to your Profile or any other page of the FirstString web site, including, without limitation, any materials depicting any person under the age of 18 in any sexually explicit context, and you shall remain solely responsible and liable for any and all postings you make to FirstString.

COMMUNICATIONS CONTENT: FirstString may provide from time to time facilities for interactive communications between you and FirstString, such as e-mail, or among users of FirstString, such as blogs, threaded discussions, chat, bulletin boards and messaging (collectively called “Communications Facilities”). The Company is not responsible for any information, comments, views or advice transmitted on or through the Communications Facilities. The rules set forth in Section 10 and your representations and warranties set forth in Section 11 are equally applicable to content you provide through Communications Facilities as they are to other types of content and materials displayed by you on FirstString. Any communications, comments or materials that you post on or send through any of the Communications Facilities shall be deemed to be non-confidential and non-proprietary, and the Company shall be free to reproduce, use, disclose, delete, display, transform, create derivative works, distribute or otherwise exploit the same without limitation. The Company shall be free, without paying compensation of any kind, to use any ideas, concepts, know-how or techniques contained in any such communications, comments or materials for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and/or services incorporating them.

The Company does not review, as a general practice, User profiles or User Content on FirstString, including content provided through Communications Facilities, and is not responsible for any content provided by Users on FirstString. You acknowledge and agree that you are solely responsible and liable for all content and material you make available by means of FirstString.

Although the Company has no intention, as a general practice, of monitoring content on FirstString, whether submitted by Users or others, the Company specifically reserves the right to monitor any and all content and material you provide on FirstString, whether on your User Profile page on FirstString, on Communications Facilities, or elsewhere. You agree that if the Company, in its sole discretion, deems any content and material made available by you to be in violation of these Terms, the Company has the right, but not the obligation, to take any and all actions it deems necessary or prudent to remove or to restrict access to any such content or material, including restriction, suspension or termination of your account and/or deletion of the objectionable material.

You agree that the Company shall not be liable to you for any action the Company takes to remove or restrict access to such content or material, nor for any action taken to restrict access to any content or material posted in violation of these Terms, or in violation of any law, rule or regulation or rights of a third party, including, but not limited to, rights under the copyright, trademark, patent or other laws relating to intellectual property rights, or any laws or prohibitions on obscenity, pornography, libel, slander, invasion of privacy, or infringement of a right of publicity. The Company also reserves the right to report such activity to investigative and law enforcement authorities along with relevant information made available in connection with such activity.

Flagging/Reporting Abuse

FirstString is committed to building a fun, safe, and respectful community, and we will not tolerate any use of FirstString that insults, harms, or offends others. If you encounter any Content or information on FirstString that violates Terms, we encourage you to report that Content. FirstString has set up a reporting system that is easy to use and that keeps your identity confidential. Follow these procedures to file a report, or a Flag, against another User:

  • A Flag icon is located next to every photo, video, and Team Board comment posted on FirstString. If you believe that any User Content violates these Terms or the Privacy Policy, click the Flag icon next to that Content, which will open a dialogue box. You must select a category of offense from the drop-down menu and then provide additional comments in the space provided explaining the objectionable content.
  • There is a Use and Reporting link located in the Global Footer found on the bottom of every page on FirstString. If a User or Team Profile contains obscene, offensive, pornographic, threatening, abusive, or otherwise objectionable Content, you may click this link to be transported to a page that outlines the steps you should take to report the offending profile (e.g., different information is required if you are reporting a copyright violation than if you are reporting threatening or abusive content).
  • FirstString suggests that you read the Terms of Service and the Privacy Policy before flagging another User’s Content. Links to these notices are included in every dialogue box and on the Use and Reporting Page.

Flagged Users will be notified via e-mail to their FirstString Inbox that their User Content has been flagged for the stated reason. A User flagged twice in a 60-day period and deemed in violation of the Terms will be suspended from commenting on any profile or board for 14 days. A third violation may result in suspension or termination of the User account. Users can only be flagged once for each item that they post in violation of the Terms or the Privacy Policy.

False Flags have consequences, too! Any User who twice flags another User not deemed in violation of the Terms or Privacy Policy may be subject to discipline, including suspension of posting and flagging privileges or termination of the User account.

FirstString reserves the right, in its sole discretion, to remove any content or to terminate or restrict any User’s access to FirstString.

Copyright and Proprietary Material

FirstString contains copyrighted material, trademarks and other proprietary information of the Company, including, but not limited to, text, software, photos, videos, graphics, images, music and sound (collectively “Proprietary Material”). You agree not to publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any Proprietary Material.

Except as otherwise expressly permitted by guidelines within any specific FirstString feature, or as permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise modifying or commercially exploiting of any Proprietary Material or material made available through FirstString will be permitted without the express permission of the copyright owner. In the event of any copying, redistribution or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. The obligation of determining that any material is not subject to intellectual property right(s) rests with you.

The entire FirstString web site is Copyright 2008 FirstString, Inc. All Rights Reserved. FIRSTSTRING and the distinctive "FS" Company logo are service marks of the Company. Other trademarks, service marks and logos used in FirstString are property of their respective owners.

Reporting Copyright Infringement

If you believe that copyrighted material owned by you is improperly displayed on FirstString.com, please notify the Company and provide the following information in accordance with section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”):

  • your physical or electronic signature;
  • a description of the copyrighted material that you claim has been infringed;
  • a description of the material that you claim to be infringing and its location on FirstString;
  • your name, telephone number, mailing address and e-mail address;
  • a statement that you have a good faith belief that use of the information is not authorized by the copyright owner, its agent or the law;
  • a statement that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the infringed right.

You must send this notice to:

FirstString, Inc.
PO Box 69612
West Hollywood, CA 90069

or via email to: copyright@firststring.com

Upon receiving proper notification of alleged infringement, the Company may remove or disable access to the allegedly infringing material and will contact the alleged infringer to notify them of your claim and to advise them of their right to make a counter notification pursuant to the DMCA.

Copyright Infringement Counter Notification

If you believe that material that you have posted on FirstString has been removed as a result of a mistake or misidentification, you may file a counter notification pursuant to section 512(g)(3) of the DMCA. This counter notification must provide the following information:

  • your physical or electronic signature;
  • identification of the material that was removed and the location of the information before it was removed;
  • a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  • your name, telephone number, mailing address and e-mail address;
  • a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside of the United States, for any judicial district in which the Company may be found;
  • and a statement that you will accept service of process from the person who filed the notification of alleged copyright infringement.

You must send this notice to:

FirstString, Inc.
PO Box 69612
West Hollywood, CA 90069

or via email to: copyright@firststring.com

Indemnification

You hereby agree to indemnify, defend, and hold harmless the Company and its directors, employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, “the Affiliates”) from and against any and all liability and costs (including attorneys fees and costs), without limitation, incurred by the Affiliates in connection with any claim arising out of your User Content, your use of FirstString, or any breach by you of any of these Terms, including but not limited to the representations and warranties set forth above.

You shall cooperate as fully as reasonably required in the defense of any claims. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of the Company.

Disclaimer of Warranties

USE OF FIRSTSTRING.COM, FIRSTSTRING SERVICES AND YOUR ACCOUNT IS AT YOUR SOLE RISK.

FIRSTSTRING.COM (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, VIDEO, PHOTOS, GAMES, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREON) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THE COMPANY IS NOT AND SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF, OR CONTENT PROVIDED BY, OTHER USERS OR THIRD PARTIES, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE COMPANY IS NOT AND SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, FIRSTSTRING, WHETHER THE INFORMATION AND MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THE COMPANY OR ANYONE ELSE.

NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANTS THAT FIRSTSTRING WILL BE UNINTERRUPTED OR ERROR FREE.

THE COMPANY MAKES NO WARRANTY OF ANY KIND AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF FIRSTSTRING, OR AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR CONTENT OF ANY INFORMATION, MATERIALS, OR GOODS PROVIDED BY OR THROUGH FIRSTSTRING. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH FIRSTSTRING OR THE GOODS MADE AVAILABLE BY OR THROUGH FIRSTSTRING RESTS WITH YOU.

THE COMPANY IS AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE FIRSTSTRING. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

THE COMPANY HAS NO CONTROL OVER THE CONTENT OF WORLD WIDE WEB SITES THAT MAY BE LINKED TO FIRSTSTRING THROUGH HYPERTEXT LINKS (LINKED SITES), AND IS NOT RESPONSIBLE FOR THEIR CONTENT. THE LINKED SITES ARE FOR YOUR CONVENIENCE ONLY AND YOU ACCESS THEM AT YOUR OWN RISK. IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES FOR ANY USE OF FIRSTSTRING, OR ANY LINKED SITE, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS OR SPONSORS BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO FIRSTSTRING, OR SERVICE-RELATED MATTERS AND/OR CONTENT OR INFORMATION CONTAINED WITHIN FIRSTSTRING, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH FIRSTSTRING AND/OR SERVICE-RELATED MATTERS IS TO STOP USING FIRSTSTRING.

Other

NOTICE TO USERS IN CALIFORNIA: Any complaints about FirstString should first be brought to the attention of the Company at the following e-mail address: customerservice@firstString.com. Any complaint not resolved between the Company and yourself may be brought to the attention of the Department of Consumer Affairs, Complaint Mediation Division, 401 S Street, Sacramento, California, 95814; toll free telephone number 800-952-5210.

Failure by the Company to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right.

These Terms, and all other aspects of a User’s use of FirstString, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or your use of FirstString shall be submitted to and resolved by binding arbitration, pursuant to the Rules and Regulations, and under the auspices, of the American Arbitration Association. Any arbitration proceeding shall take place in the Borough of Manhattan, New York, New York. No demand for arbitration or action of any kind or nature arising out of these Terms, or out of any use of FirstString by a User, shall be brought by either the Company or any User more than one year after the date on which the cause of action first arises. Judgment upon the award rendered by the arbitrator may be entered in, and enforced by, the state and federal courts sitting in the Borough of Manhattan, New York, New York. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the Borough of Manhattan, New York, New York and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any arbitration proceeding or action to enforce the arbitrator’s award, the prevailing party will be entitled to costs and attorneys’ fees.

These Terms constitutes the entire agreement between you and the Company with respect to FirstString and supersedes all prior agreements between you and the Company. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms correspond to the beta test phase of FirstString. Please keep private any comments posted on FirstString during the beta test phase and don't invite Visitors to the site. Please return to these Terms after the public launch of FirstString to read any changes to these Terms. Continued use of the site after the beta test phase constitutes your agreement with the revised Terms of Service.