Welcome to our website. It is important to read the following
terms and conditions (collectively “Terms”). If you continue to
browse and use our web site (the “Website”) you are agreeing to
comply with and be bound by the following Terms, which together
with our Privacy Policy govern Commercial Fire, LLC’s (“Commercial
Fire”) relationship with you in relation to this Website. These
Terms constitute a legal, binding agreement between you and
Commercial Fire. There may be additional or different terms and
conditions stated elsewhere on the Website that apply to your
access and use of the Website. If you do not agree to these Terms,
you must not access or use the Website.
The term
Commercial Fire, LLC or “Commercial Fire” or “us” or “we” refers
to, the owner of the Website whose registered office is in
Charlotte, NC. The term “you” refers to the user or viewer of our
Website.
The use of this Website is subject to the
following terms of use:
Changes to These Terms
The content of the pages of this Website is for your general
information and use only. Commercial Fire may modify these Terms
at any time. Those modified Terms will become effective
immediately after Commercial Fire posts them on the Website. You
agree to review these Terms posted on the Website each time you
access or use the Website so that you are aware of any
modifications made to these Terms. If you do not agree to the
modified Terms, you are not authorized to access or use the
Website. Your failure to comply with these Terms as they may be
modified from time to time will constitute breach of contract and
may violate Commercial Fire’s copyright, trademark, and other
proprietary and intellectual property rights.
Modification of the Website
Commercial Fire reserves the right to modify, suspend, or
discontinue, temporarily or permanently, the Website or any part
of the Website from time to time, for any or no reason and without
notice. You agree that Commercial Fire will not be liable to you
or to any third party for any modification, suspension, or
discontinuance of the Website. Commercial Fire may change the
information and materials on the Website from time to time at its
discretion.
Privacy
To access the Website or some of the resources it offers, you may
be asked to provide certain registration details or other
information. It is a condition of your use of the Website that all
the information you provide on the Website is correct, current,
and complete.
Commercial Fire is sensitive to privacy
issues with respect to the use of personal information that
visitors to the Website provide. All information we collect on the
Website is subject to our Privacy Policy. By using the Website,
you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
Transmission of Information and Other Materials Via the
Website
Commercial Fire welcomes your comments and suggestions about the
Website and Commercial Fire’s products and services, but
Commercial Fire does not wish for you to send any confidential or
proprietary ideas, suggestions, materials, or other information
relating to developing, designing, redesigning, modifying,
providing, or marketing any of its products or services or any new
products or services. You agree that any information, ideas,
suggestions, or materials that you or individuals acting on your
behalf send to Commercial Fire via the Website, including
feedback, data, questions, comments, product or service ideas,
know-how, or suggestions (collectively, “Information”), will not
be considered confidential or proprietary, even if the Information
is labeled “Confidential” or “Proprietary.” Further, Commercial
Fire will own all Information you submit to it via the Website,
and by submitting the Information to Commercial Fire, you
irrevocably assign to Commercial Fire all worldwide rights, title,
and interest in and to that Information. Commercial Fire will be
free to reproduce, use, disclose, and distribute Information to
others without limitation or liability. Commercial Fire may use
any ideas, concepts, know-how or techniques in the Information for
any purpose whatsoever, including developing and marketing
products or services that incorporate or otherwise embody
Information, without providing any notice, compensation, or
attribution to you.
About Children
The Website is not intended for use by anyone under the age of 13
without the prior consent and ongoing supervision of a parent or
guardian. By using the Website, you represent and warrant to
Commercial Fire that you meet the foregoing age requirement.
Commercial Fire will not knowingly collect personally identifiable
information via the Website from visitors under the age of 13 and
will take prompt steps to delete any such personally identifiable
information if notified that any has been inadvertently
collected.
Intellectual Property
Commercial Fire and/or its affiliates own the Website and owns or
has the right to use all of the content on the Website, including
all text, images, appearance, graphics, photographs, video clips,
audio clips, designs, icons, wallpaper, characters, artwork,
sounds, information, software, data, and other materials, and all
HTML design, layouts, configurations, CGI, and other code and
scripts in any format used to implement the Website (the
“Content”), all of which are protected by United States and
international copyright, trademark, patent, trade secret, and
other intellectual property or proprietary rights laws. Absent
Commercial Fire’s express written permission as to particular
Content on the Website, you may use the Content only for personal,
noncommercial, informational purposes, and you may, subject to any
stated restrictions or limitations, print a single copy of a
limited amount of Content solely for these purposes, if the copy
bears all copyright and other intellectual property and
proprietary notices displayed on the web page. Except as expressly
authorized by these Terms, you may not distribute, publish,
download, transmit, modify, or create derivative works from, or in
any way exploit, any of the Content, in whole or in part, without
Commercial Fire’s prior written consent, provided that (a) your
computer may temporarily store copies of such materials in RAM
incidental to your accessing and viewing those materials, (b) you
may store files that are automatically cached by your Web browser
for display enhancement purposes, and (c) if we provide desktop,
mobile, or other applications for download, you may download a
single copy to your computer or mobile device solely for your own
personal, non-commercial use, provided you agree to be bound by
our end user license agreement for such applications.
Additionally, framing pages or parts of pages on the Website and
deep linking to pages in the Website are prohibited.
The
Commercial Fire logo is a registered trademarks of Commercial
Fire. Commercial Fire or its affiliates own or license all
trademarks, service marks, and trade names on the Website unless
stated otherwise on the Website. You may not use these marks
without Commercial Fire’s prior express written permission.
Except
as expressly provided above, Commercial Fire is not granting you a
license under any copyright, trademark, service mark, patent, or
other intellectual property or proprietary right in any Content,
and nothing in these Terms will be interpreted as conferring by
implication, estoppel, or otherwise any license or right under any
patent, trademark, copyright, or other proprietary, intellectual,
or other right of Commercial Fire or any third party. You obtain
no rights in the products, equipment, processes, or technology
described on this Website by accessing or using the Website.
Commercial Fire and any third-party owners retain all of those
rights.
If you are a copyright owner and believe that
your work has been copied and posted on the Website in a way that
constitutes copyright infringement, please provide us with notice
containing the following information: (i) a physical or electronic
signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed; (ii)
identification of the copyrighted work or works claimed to have
been infringed; (iii) identification of the material that you
claim is infringing and a description of where the material that
you claim is infringing is located on the Website; (iv) your
address, telephone number, and e-mail address; (v) a written
statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (vi) a statement that
the information in the notification is accurate, and, under
penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed. Any
notification by a copyright owner or a person authorized to act on
its behalf that fails to comply with these requirements will not
be considered sufficient notice and will not be deemed to confer
on Commercial Fire actual knowledge of facts or circumstances from
which infringing material or acts are evident. You must send the
written notice to:
Commercial Fire, LLC
10926
David Taylor Drive Suite 100
Charlotte, NC 28262
If
you wish to make any use of Content other than as authorized in
this section, please contact us at the above address or at the
following e-mail address:
CFMarketingSupport@BHCISS.com
Prohibited Actions
You may use the Website only for lawful purposes in accordance
with these Terms. You agree not to use the Website: (a) in any way
that violates any applicable federal, state, local or
international law or regulation (including, without limitation,
any laws regarding the export of data or software to and from the
US or other countries); (b) for the purpose of exploiting,
harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally
identifiable information, or otherwise; (c) to send, knowingly
receive, upload, download, use, or re-use any material which does
not comply with the section of these Terms titled “Intellectual
Property”; (d) to transmit, or procure the sending of, any
advertising or promotional material, including any “junk mail”,
“chain letter,” “spam,” or any other similar solicitation; (e) to
impersonate or attempt to impersonate Commercial Fire, a
Commercial Fire employee, another user, or any other person or
entity (including, without limitation, by using e-mail addresses
associated with any of the foregoing); (f) to engage in any other
conduct that restricts or inhibits anyone’s use or enjoyment of
the Website, or which, as determined by us, may harm Commercial
Fire or users of the Website or expose them to liability; or (g)
to interfere with the proper working of the Website. You also
agree not to use any robot, spider, or other automatic device,
process, or means to access the Website for any purpose, including
monitoring or copying any of the material on the Website.
Unauthorized use of this Website may give rise to a claim for
damages and/or be a criminal offense.
References to Other Companies/Links to Other Websites
References on the Website to names, marks, products, or services
of third parties or hypertext links to third-party websites do not
constitute or imply Commercial Fire’s endorsement, sponsorship, or
recommendation of the third parties or their products, services,
or websites. Commercial Fire does not monitor or control the
content of any website linked to or from the Website, and
Commercial Fire is not responsible for the content of those other
websites or the terms of use or privacy practices of those
sites.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is
fair and legal and does not damage our reputation or take
advantage of it, but you must not establish a link in such a way
as to suggest any form of association, approval, or endorsement on
our part.
The Website may provide certain social media
features that enable you to (a) link from your own or certain
third-party websites to certain content on the Website; (b) send
e-mails or other communications with certain content, or links to
certain content, on the Website; or (c) cause limited portions of
content on the Website to be displayed or appear to be displayed
on your own or certain third-party websites. You agree to
cooperate with us in causing any unauthorized framing or linking
immediately to cease. We reserve the right to withdraw linking
permission without notice.
We may disable all or any
features and any links at any time without notice in our
discretion.
Disclaimers of Warranties
Commercial Fire disclaims all responsibility and liability for
the timeliness, sequence, quality, accuracy, content,
completeness, legality, reliability, operability, and availability
of information and material contained on the Website. The Website
may contain inaccuracies or typographical errors. Commercial Fire
disclaims any responsibility for the deletion, failure to store,
failure to update, misdelivery, or untimely delivery of any
information or material on the Website. Commercial Fire does not
warrant or guarantee that the Website will be error-free or
virus-free or that access to the Website will be uninterrupted.
Commercial Fire and its content providers cannot and do not
warrant or guarantee against errors, omissions, delays,
interruptions, or losses, including loss of data.
THE
SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH
NO WARRANTIES WHATSOEVER. Commercial Fire DISCLAIMS ALL EXPRESS,
IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY,
FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY,
OPERABILITY, USE, PERFORMANCE, OR ABSENCE OF VIRUSES.
IF
YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU
DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY CLAIMS, INCLUDING ANY DAMAGES TO YOUR
COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING
OR OTHERWISE OBTAINING THAT MATERIAL. YOU ASSUME ALL
RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE
SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL Commercial Fire, ITS AFFILIATES, ITS DATA
PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING,
DELIVERING, OR MANAGING THE CONTENT (COLLECTIVELY, THE “SITE
PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS
WHATSOEVER, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST
OPPORTUNITIES, AND LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, ARISING
OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE,
(B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM
Commercial Fire, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS
OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF
CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE
PROVIDERS, OR (D) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE
OR ANY SERVICE, EVEN IF SOME OR ALL OF THE SITE PROVIDERS ARE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE
FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR
RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING
FROM ANY ACCESS OR USE OF ANY INFORMATION, IDEA, OR INSTRUCTION IN
THE CONTENT.
THE FOREGOING DOES NOT AFFECT ANY
LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Commercial
Fire, its affiliates, licensors and service providers, and its and
their respective officers, directors, employees, contractors,
agents, licensors, suppliers, successors, and assigns from and
against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses or fees (including reasonable attorneys’
fees) arising out of or relating to (a) your use of the Website,
(b) user content you submit, post to, or transmit through the
Website, (c) your violation of any rights of any other or person
in connection with this Website, or (d) your violation of these
Terms.
Electronic Communications
When you visit the Website or send e-mails to Commercial Fire,
you are communicating with Commercial Fire electronically. You
consent to receive communications from Commercial Fire
electronically. Commercial Fire will communicate with you by
e-mail or by posting notices on the Website. You agree that all
agreements, notices, disclosures, and other communications that
Commercial Fire provides to you electronically satisfy any legal
requirement that such communications be in writing.
Your Account
If you set up an account on the Website and/or seek subscription
service, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all
activities that occur under your account or password. Commercial
Fire reserves the right to refuse service, terminate accounts,
remove, or edit content in its sole discretion.
Conflict Resolution
These Terms (including the Privacy Policy) will be governed by
the laws of the State of North Carolina, excluding its conflicts
of law provisions. All actions and proceedings relating to the
Website or the Content will be commenced and heard exclusively in
North Carolina state courts in Mecklenburg County, North Carolina
or the United States District Court for the Western District of
North Carolina. Commercial Fire and you consent to the
jurisdiction of those courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THESE TERMS OR YOUR USE OF THE SITE MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Severability and Waiver
The invalidity of any term, condition, or provision of these
Terms will not affect the enforceability of the remaining portions
of these Terms. Commercial Fire’s failure to enforce any right or
provision in these Terms shall not constitute a waiver of such
right or provision.
Notices
If you have any questions regarding the Website or these Terms,
please contact us at:
Commercial Fire, LLC
10926
David Taylor Drive Suite 100
Charlotte, NC 28262
CFMarketingSupport@BHCISS.com
704-916-3400
Last updated: January 2, 2019