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Copyright © 2020, Firedata LLC
Privacy Policy | Terms of Use

Terms of Use

TERMS OF USE

Last revised on May 1st, 2019

Welcome to Rescueform, operated by Firedata LLC (“us,” “we,” the “Company” or “Firedata LLC”).

1. Acceptance of Terms of Use Agreement.

By creating a Resceuform account or by using any Rescueform service, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy and Community Guidelines, each of which is incorporated by reference into this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement (other than the limited one-time opt out right for certain users provided for in Section 15), you should not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with Rescueform, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

2. Eligibility.

You must be at least 18 years of age to create an account on Rescueform and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with Rescueform,
  • you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations

3. Account Management.

As part of the registration process, You must use Your e-mail address as Your user name and choose a password for access to Your account. We recommend You choose a password with a minimum of eight characters and with a combination of numbers, special characters and mixed case letters. You are responsible for maintaining the confidentiality of the account and password and are fully responsible for all activities that occur under Your account. You agree to: (a) immediately notify Rescueform of any unauthorized use of Your account or password or any other breach of security, and (b) ensure that You exit from Your account at the end of each session (by sucessfully logging out). Firedata LLC cannot and will not be liable for any loss or damage arising from Your failure to comply with the Account Management section of these Terms.

4. Modifying the Service and Termination.

Firedata LLC is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new service features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by contacting support@rescueform.org using the email account associated with your Rescueform account.

We may terminate your account at any time without notice if it believes that you have violated this Agreement. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Firedata LLC: Section 4, Section 5, and Sections 12 through 19.

5. Users’ Contributions

By submitting ideas, suggestions, forms, and/or proposals (“Contributions”) to Rescueform through -the Site, You understand and agree that: (a) Your Contributions do not contain confidential or proprietary information; (b) Firedata LLC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Firedata LLC shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Firedata LLC may have something similar to the Contributions already under consideration or in development; (e) Your Contributions automatically become the property of Firedata LLC without any obligation of Firedata LLC to You; and (f) You are not entitled to any compensation or reimbursement of any kind from Firedata LLC under any circumstances.

6. Rights We Grant You.

Firedata LLC grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use the Service’s benefits as intended by Firedata LLC and permitted by this Agreement. Therefore, you agree not to:

  • use the Service or any content contained in the Service for any commercial purposes without our written consent.
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Firedata LLC’s prior written consent.
  • express or imply that any statements you make are endorsed by Firedata LLC.
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
  • upload viruses or other malicious code or otherwise compromise the security of the Service.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
  • “frame” or “mirror” any part of the Service without Firedata LLC’s prior written authorization. use meta tags or code or other devices containing any reference to Firedata LLC or the Service (or any trademark, trade name, service mark, logo or slogan of Firedata LLC) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
  • use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
  • use, access, or publish the Rescueform application programming interface without our written consent. probe, scan or test the vulnerability of our Service or any system or network.
  • encourage or promote any activity that violates this Agreement.
  • The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

7. Rights you Grant Firedata LLC.

By creating an account, you grant Firedata LLC a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Firedata LLC’s license to your Content shall be non-exclusive, except that Firedata LLC’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Firedata LLC would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Firedata LLC can prevent the use of your Content outside of the Service, you authorize Firedata LLC to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Rescueform users).

You agree that all information that you submit is accurate and truthful and you have the right to post the Content on the Service and grant the license to Firedata LLC above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

By submitting suggestions or feedback to Rescueform regarding our Service, you agree that We may use and share such feedback for any purpose without compensating you.

You agree that Firedata LLC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

8. Community Rules.

By using the Service, you agree that you will not:

  • use the Service for any purpose that is illegal or prohibited by this Agreement.
  • use the Service for any harmful or nefarious purpose.
  • Never use Rescueform while operating heavy machinery, operating a motor vehicle, or supervising a motor vehicle. Use safe driving principles, practices and techniques at all times.
  • Not permit any unauthorized person to use the application. Unauthorized users may be personally liable for any damages.
  • use the Service in order to damage Rescueform.
  • violate our Community Guidelines, as updated from time to time.
  • spam, solicit money from or defraud any users.
  • impersonate any person or entity or post any images of another person without his or her permission.
  • bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
  • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
  • post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
  • use another user’s account, share an account with another user, or maintain more than one account.
  • create another account if we have already terminated your account, unless you have our permission.
  • Firedata LLC reserves the right to investigate and/ or terminate your account if you have violated this Agreement, misused the Service or behaved in a way that Firedata LLC regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

9. Other Users’ Content.

Although Firedata LLC reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Firedata LLC cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it via support@rescueform.com.

10. Purchases.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

To request a refund:

Email support@rescueform.org using your billing email or Resceuform email. You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: Firedata LLC, 94 Gardiners Avenue #311, Levittown, NY 11756, USA

11. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • your contact information, including address, telephone number and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to copyright@rescueform.org

Firedata LLC will terminate the accounts of repeat infringers.

12. Disclaimers.

FIREDATA LLC PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FIREDATA LLC DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

IN NO EVENT SHALL Firedata LLC OR FIREDATA LLC BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE OR INABILITY TO USE ANY OF THE SERVICES ON THE SITE, 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 SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

FIREDATA LLC TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

NEVER USE THE FUNCTIONS OF RESCUEFORM TO REPORT AN EMERGENCY. FOR ANY EMERGENCY, DIAL THE APPROPRIATE EMERGENCY SERVICES PHONE NUMBER (SUCH AS 911)

NEVER USE RESCUEFORM WHILE OPERATING A MOTOR VEHICLE OR HEAVY MACHINERY

FIREDATA LLC DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.

14. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIREDATA LLC, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF FIREDATA LLC HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL FIREDATA LLC’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO FIREDATA LLC DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST FIREDATA LLC, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Retroactive and Prospective Arbitration, Class-Action Waiver, and Jury Waiver. Except where prohibited by applicable law:

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or the Service, regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Firedata LLC in a small claims court of competent jurisdiction in the county in which you reside. Such arbitration shall be conducted by written submissions only, unless either you or Firedata LLC elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against Firedata LLC.

If you assert a claim against Firedata LLC outside of small claims court, your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. The same is true for Firedata LLC. Both you and Firedata LLC are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant the relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

The Jurisdiction and Venue provisions in Sections 16 and 17 are incorporated and are applicable to this Arbitration Agreement.

As you decide whether to agree to this Arbitration Agreement, here are some important considerations:

  • Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties under the Consumer Arbitration Rules of the American Arbitration Association. Arbitration does not limit or affect the legal claims you as an individual may bring against Firedata LLC. Agreeing to arbitration will only affect where those claims may be brought and how they will be resolved.
  • Arbitration is generally considered to be a more rapid dispute resolution process than the judicial system, but that is not always the case. The Arbitrator will typically determine whether Firedata LLC or you will be required to pay or split the cost of any arbitration with Firedata LLC, based on the circumstances presented.
  • IMPORTANT: THERE ARE NOW, AND MAY BE IN THE FUTURE, LAWSUITS AGAINST FIREDATA LLC ALLEGING CLASS AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF INCLUDING BUT NOT LIMITED TO CLASS ACTIONS DESCRIBED IN THIS SECTION 15, WHICH IF SUCCESSFUL, COULD POTENTIALLY RESULT IN SOME MONETARY OR OTHER RECOVERY TO YOU, IF YOU ELECT TO OPT OUT OF THE RETROACTIVE APPLICATION OF THIS ARBITRATION AGREEMENT. THE MERE EXISTENCE OF SUCH CLASS AND/OR REPRESENTATIVE LAWSUITS, HOWEVER, DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED, OR, EVEN IF SUCCESSFUL, THAT YOU WOULD BE ENTITLED TO ANY RECOVERY.
  • You will be precluded from bringing any class or representative action against Firedata LLC, unless you timely opt out of the retroactive application of this Arbitration Agreement, and you will also be precluded from participating in any recovery resulting from any class or representative action brought against Firedata LLC, in each case provided you are not already bound by an arbitration agreement and class action waiver previously agreed to with Firedata LLC.
  • Under Rule R-9 of the AAA Consumer Arbitration Rules, either party to an arbitration involving a claim within the jurisdiction of a small claims court may choose to have the case decided by the small claims court instead. Please review Rule R-9 for more details. Nothing in this Agreement, including the right of the consumer (but not Firedata LLC) to file a dispute directly in small claims court rather than initiating arbitration, should be construed as being inconsistent with either party’s right to invoke Rule R-9 after an arbitration has been initiated.

WHETHER TO AGREE TO THIS ARBITRATION AGREEMENT IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

16. Governing Law.

Except where our arbitration agreement is prohibited by law, the laws of New York, U.S.A., without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with Firedata LLC. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act.

17. Venue.

Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Nassau County, New York, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Firedata LLC that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Nassau County, New York, U.S.A. You and Firedata LLC consent to the exercise of personal jurisdiction of courts in the State of znew York and waive any claim that such courts constitute an inconvenient forum.

18. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Firedata LLC, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

19. Entire Agreement; Other.

This Agreement, along with the Privacy Policy, and any terms disclosed to you, contains the entire agreement between you and Firedata LLC regarding your relationship with Firedata LLC and the use of the Service, with the following exception: anyone who opted out of the retroactive application of Section 15 is still subject to and bound by any prior agreements to arbitrate with Firedata LLC as well as this agreement to arbitrate on a going forward basis. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Firedata LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Rescueform account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Firedata LLC in any manner.