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TERMS
OF USE
The Firefly Reseller website, located at www.FireflyReseller.com
(the "Website"), is operated by the Sigma
Two Group LLC ("Firefly
Reseller", "we", "us", "our")
and is being made available to you subject to the following
terms of use ("Terms of Use"). By accessing
and using this Website, you agree to be bound by the
Terms of Use set forth herein. If you do not agree
with these Terms of Use, your sole recourse is to leave
the Website immediately.
These Terms of Use may be updated by us from time
to time without notice to you. It is important to refer
to these Terms of Use from time to time to make sure
that you are aware of any additions or revisions that
we may have made. Your continued use of the Website
constitutes your acceptance of any modifications to
these Terms of Use.
1. Service Description
The Website provides users with access to information
about the Firefly Magic products and services
offered by the Sigma Two Group LLC,
as well as a host of related
information.
Firefly Reseller
may augment, change, suspend, modify or discontinue
any aspect of the Website or the Service at any
time without notice.
2. Ownership/Restrictions
on Use
The Firefly Magic and Magical Fireflies trademarks
and their associated logo(s) are owned by the
Sigma Two Group LLC. The
products and services and any and all data, graphics,
photographs, images,
audio,
video, software, trademarks, service marks, trade
names and other information related thereto (collectively,
the "Content") is owned by the Sigma
Two Group LLC and/or its third party licensors.
The Content
is protected
by U.S. copyright and trademark laws.
You may not modify, copy, reproduce, publish,
post, transmit, distribute, perform, create derivative
works from, transfer or sell any Content without
the express prior written consent of the Sigma Two
Group LLC.
Registration and Passwords
Registration may be required to access and use certain
portions of the Website and/or the Service. If
you register for such use, you agree to provide true,
current, complete and accurate information required
for such registration, and to update such registration
information as soon as possible should there be
any
changes to that information.
Upon registration, you will be asked to select a password
and /or username, or you maybe assigned a password
and username. You alone are responsible for keeping
that password and
username
confidential,
and
for any
and all activity that occurs on this Website under
such password or username. You agree to immediately
notify Firefly Reseller of any suspected unauthorized
use of your password or username or any other breach
of
security. Firefly Reseller and the Sigma Two group
LLC will not be liable, directly or indirectly, for
any
loss
or
damage
of any
kind incurred
as a result of your failure to protect the confidentiality
of your password and/or username.
User Conduct
As a condition of your continued access to and use
of this Website, you agree to abide by all applicable
federal, state, county, city
and other laws and the Firefly Reseller Code of
Conduct. In
addition,
without
limiting the foregoing, you agree not to post or
transmit any virus, or any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, indecent or profane material or any
material that could constitute or encourage a violation
of the law. Firefly Reseller reserves the right
to edit or remove such material or viruses.
Your Content
From time to time, Firefly Reseller may permit
you to upload information, advice, text, data, messages,
original
content and other materials ("Your Content")
to the Website in the form of chat rooms, discussion
forums, message/bulletin boards, news groups, or
such other means. You are solely responsible for
Your Content, and Firefly Reseller will not be
liable in any way for any error or omission, or
loss or damage
of any kind arising from Your Content.
Firefly Reseller does not pre-screen Your Content,
but has the right but not the obligation, in our
sole discretion,
to modify, refuse or remove Your Content, and/or
to terminate the privileges of any user to participate
in Services on the Website if such users violate
these
Terms of Use.
By posting Your Content to our Website, such information
shall be deemed to be non-confidential. Upon submission,
you grant (or warrant that the owner of such material
expressly grants) to Firefly Reseller a world-wide, royalty-free,
non-exclusive, perpetual, irrevocable, and fully sub-licensable
right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
perform, and display Your Content and to incorporate
Your Content in other works in any form, media, or
technology now known or later developed. In addition,
you waive all moral rights in such materials. You acknowledge
and agree that Firefly Reseller may archive Your Content,
but has no obligation to do so, and may also disclose
Your Content at any time and for any reason for its
own purposes or as required by law.
Privacy
Firefly Reseller respects your right to privacy and
your personal information, and will not sell transfer
or otherwise
disclose any of your personal information to any
third party without your consent. Please review
our Privacy Policy details on the manner in which we
collect, use, disclose and otherwise manage your
personal information. See Privacy
Policy.
Links
The Website may contain hyperlinks to other Internet
World Wide Web sites which are owned and operated
by unaffiliated
third parties ("Other Site(s)"). The
hyperlinks to Other Sites are offered as a convenience,
and
do not constitute an endorsement by Firefly Reseller
or the Sigma Two Group LLC of any Other Site, its
resources, or its content. Firefly Reseller
will not be liable and makes no warranty or representation
whatsoever as to the accuracy, timeliness and/or
completeness of the information contained on such
Other Sites.
You acknowledge and agree that your dealings with
any third parties, including any merchants or advertisers
linked to the Website, including payment for and delivery
of goods and services, and all other terms, conditions,
representations and warranties related to such dealings,
are solely between you and such third parties. You
agree that Firefly Reseller will not be responsible or liable
in any way for any loss or damage of any kind incurred
as a result of, or in connection with, any such dealings
or transactions.
Firefly Reseller reserves the right to deny or revoke
permission to link to the Website from any Other
Site for any
reason in our sole discretion.
Disclaimer/Limitation
of Liability
Although we strive to update and keep
accurate as much
as possible the content contained on the Website,
errors and/or omissions may occur.
ACCORDINGLY, THIS WEBSITE, INCLUDING ALL CONTENT
MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM
THE WEBSITE,
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
FIREFLY Reseller - THE SIGMA TWO GROUP LLC DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT
LIMITED TO,
IMPLIED
WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. Firefly Reseller DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE
OR ANY
CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR
ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT
THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FIREFLY Reseller AND THE SIGMA TWO GROUP LLC SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL
OR CONSEQUENTIAL
DAMAGES
THAT MAY
RESULT FROM OR IN CONNECTION WITH THE USE OR, OR
THE INABILITY TO USE, OR FROM ANY ERRORS OR OMISSIONS
CONTAINED
ON, THE WEBSITE OR ANY CONTENT OR SERVICE THEREIN,
EVEN IF FIREFLY Reseller AND THE SIGMA TWO GROUP
LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. IN NO CIRCUMSTANCE WILL LIABILITY EXCEED THE
AMOUNT PAID FOR A GIVEN PRODUCT OR SERVICE.
Indemnity
You agree to defend, indemnify and hold harmless
Firefly Reseller and the SIGMA TWO GROUP LLC, their
respective
affiliates, officers, employees,
shareholders, agents, and licensors from and against
any and all costs, claims, fines, penalties, demands,
investigations, liabilities, losses, damages, judgments,
settlements, costs and expenses, including reasonable
legal and accounting fees arising out of or in
connection with (a) Your Content; and/or (b) your (or
anyone
acting under your password or username) use of
this Website, or any alleged violation by you of these
Terms of Use.
Notwithstanding the foregoing, Firefly Reseller and
the Sigma Two Group LLC retains the exclusive right
to defend, settle, and pay any
and
all claims, demands, proceedings, suits, actions or
causes of actions which are brought against Firefly
Reseller and in no event shall you settle any such
claim without
our prior written approval.
Entire Agreement
These Terms of Use, the Privacy Policy, and any other
Website Terms of Use posted on the Website from
time to time, constitute the entire agreement between
you and Firefly Reseller with respect to the use
of the Website.
Governing Law
These Terms of Use are to be governed by and construed
in accordance with the laws of the State of California,
USA.
Any legal
action concerning these Terms of Use on this Website
must be brought within one (1) year after the claim
or cause of action arises and must be brought in
the State of California.
Severability
If any provision of the Terms of Use shall be unlawful,
void, or for any reason unenforceable, then such
provision shall be severable from these Terms of
Use and shall not affect the validity and enforceability
of any remaining provisions.
How to Contact Us
If you have any questions, comments or concerns about
the Website or these Terms of Use, you may reach
us in the following way:
Firefly Reseller - Sigma Two Group LLC
(P) 877-834-7335
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