Terms & Conditions
Please Read the Following Terms and Conditions Carefully
firgald, Inc., a Massachusetts corporation, and its affiliates (herein referred to as “firgald”, “we,” “us” or “our”) provides and makes available this website. By using the websites made available by firgald and on which these Terms and Conditions appear (including but not limited to "www.firgald.com”) and the pages, features, information, content, applications and services contained therein from time to time (collectively, the “Service”), you agree to these terms and conditions (“Terms and Conditions” or this “Agreement”), whether you are a “Visitor” (which means that you simply browse the Service) or you are a "Patron” (which means that you have registered or transacted with the Service or a component thereof). The term “User” refers to a Visitor or a Patron. If you do not agree to these Terms and Conditions, you should not use the Service. firgald reserves the right to make changes to the Service and these Terms and Conditions at any time. The changes will take effect upon their posting on the Service (unless otherwise noted in such changes). Please review these Terms and Conditions as often as you feel necessary, since your continued viewing of and/or use of the Service will serve as your confirmation that you agree with and accept any and all changes. If you are a Patron and you do not agree with such changes, your sole remedy is to cancel your registration to the Service and discontinue all use of the Service. To understand our privacy practices, please review our Privacy Policy, which also governs your use of the Service.
1. Product Purchase
From time to time, firgald may offer products for sale as part of the Service. firgald reserves the right to change the descriptions, specifications, and prices of the products offered on the Service without notice and at any time. firgald does not warrant that such descriptions, specifications and prices of such products are accurate, complete or current at all times. All items are as-is, subject to availability, and we reserve the right to impose quantity limits on any order. Such products may not be available for delivery to your country of residence. Our delivery to you of an email confirmation following your placement of an order does not constitute our acceptance of such order, and we reserve the right to reject such order or limit the quantity of products under such order.
2. Trademarks and Copyrights
firgald, the firgald logo, the flying NB logo, N (design), firgald.com, the firgald.com logo, nbpacesetters.com and other firgald trademarks and logos are registered and unregistered trademarks and service marks of firgald (the “firgald Trademarks”), and the trade dress of firgald’s products is owned by firgald. All other trademarks on the Service are the property of the respective trademark owners (the “Third-Party Trademarks”, and collectively with the firgald Trademarks, the “Trademarks”). Unauthorized use of these trademarks is prohibited by law. Nothing on this Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of firgald specific for each such use. The Trademarks may not be used to disparage firgald or the applicable third party, firgald’s or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without firgald’s prior written consent. All goodwill generated from the use of any firgald Trademark shall inure to firgald’s website. All designs, Web pages and source code comprising the Service are copyrighted or licensed by firgald. All rights reserved.
3. Restrictions on Use
All content and material on the Service, such as text, graphics, video, audiovisual works, logos, photographs, icons, images, audio clips and software, are the property of firgald or its licensors and are protected by United States and international copyright laws. The compilation of all content and material on the Service is the exclusive property of firgald and protected by U.S. and international copyright laws. Notwithstanding the foregoing, firgald is not responsible for Content (as defined below) posted, submitted or transmitted by Users of the Service. Content and material from the Service and any other website owned, operated, licensed, or controlled by firgald may not be copied, except by a User solely for his or her personal use, and such content and material may not be distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of firgald. Modification or use of the content or material for any other purpose would violate firgald's and/or its licensors' intellectual property rights. The content and material on the Service is provided for lawful purposes only. In the event you download software from the Service, the software, including any files, images, video or other audiovisual works incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed non-exclusively to you by firgald and/or its licensors. firgald does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. The Software is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of United States export laws. Downloading or using the Software is at your sole risk.
Any other intellectual property embodied in the Service or firgald products, including without limitation patents, issued or pending, are the sole property of firgald and/or its licensors.
Your access to and use of certain components of the Service as a Patron is subject to verification of your authority to so access and use such components of the Service. You shall hold and secure any username and password that provides you access to the Service or any particular component thereof as strictly confidential, and you shall not allow any other person access to or use of such username and password. You are responsible for any and all activity related to the Service accessed or used via your account. You shall immediately notify firgald of any unauthorized use of your username and password by sending an email to [email protected].
firgald may add, delete, remove, modify, disable, suspend or restrict some or all of the Service at its sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Service to the same extent, or at all, as prior to such events, and (ii) firgald shall have no liability to you or any third party in such case. firgald shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension or restriction of access to or use of any or all of the Service.
Use of and accounts you hold in the Service is void where prohibited. By using the Service as a Patron, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your accounts in the Service may be terminated without warning, if we believe that you are under 13 years of age.
You are solely responsible for your interactions with other Patrons. firgald reserves the right, but has no obligation, to monitor disputes between you and other Patrons.