a. The term “Site” means and refers to any one, all, or a combination of the following websites:
b. The term “use” means any access of the Site including, but not limited to, entering, posting, accessing, entering, browsing, crawling, scraping, viewing, reviewing, searching, downloading, displaying, and observing including, but not limited to, the entry, editing, modification, or deletion of personal information.
c. The term “User” means one who engages in the use of the Site, which includes, but is not limited to, any person, persons, or entity who accesses, enters, posts, browses, crawls, scrapes, views, reviews, searches, observes, enters information, edits, or modifies any Content on the Site, downloads, or displays any Content on the Site.
d. The terms “you” and “your” refer to you as a User of the Site.
e. The terms “we”, “us”, “our”, and “RMG” refer to Risk Mitigation Group, LLC and each Site identified under subparagraph 1.a., above.
f. The term “Content” means all of the text, illustrations, code, images, photographs, tables, charts, links, schedules, names, contact information, telephone numbers, audio, video, and all other forms of data or communication on any page of any Site.
g. The term “User Content” means Content that you submit or transmit to or through the Site, such as reviews, compliments, invitations, advice, and information that you display.
h. The terms “Risk Mitigation Group, LLC Content” or “RMG Content” means Content that we enter, display, transmit, or create and make available on the Site.
i. “Third Party Content” means Content that is made available on the Site by parties other than Risk Mitigation Group, LLC or its users, such as data providers who license data for use on the Site.
2. BINDING EFFECT.
a. By entering the Site you agree to be bound by, and abide by, this Agreement, as it may be from time-to-time modified, amended, changed, or updated by RMG at its sole and absolute discretion. In the event this Agreement is modified, amended, changed, or updated by RMG, RMG will make a reasonable attempt to post a notice thereof on the Site; however, it is your responsibility to review this Agreement periodically to determine whether you agree or disagree with any modification, amendment, change or update. If at any time you find the terms and conditions set forth in this Agreement unacceptable, you must immediately leave the Site and cease all use of the Site.
b. By using any one, all, or a combination of the Sites identified under subparagraph 1.a., above, you represent, warrant, covenant, and agree that: (1) you are at least 18 years of age and (2) you have legally entered this site.
4. SITE REGISTRATION.
5. USER CONTENT.
a. When you are required to open an account to use or access the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time.
b. You agree to notify RMG immediately of any unauthorized use of your account, user name, or password and further agree to waive, release, and forever discharge RMG, and RMG’S affiliates, officers, directors, employees, consultants, agents, attorneys, and representatives, from and against any damage, loss, or liability suffered by you arising out of or relating to any one, all, or a combination of your use, your entry of content, and the unauthorized use of this Site by any person, persons, entity, or entities who have gained access to the Site while using any one, all, or a combination of your account, username, or password, the content of the Site or accuracy of the Content.
c. You further agree to protect, defend (with legal counsel selected by RMG and paid by you), indemnify and hold RMG, and RMG’S affiliates, officers, directors, employees, consultants, agents, attorneys, and representatives harmless from and against any claim of damage, loss, action, cause of action, fee, fines, administrative or legal actions, or liabilities incurred or suffered by RMG, of any type, kind, or nature, that arises at any time, out of either or both of your use of the Site or the unauthorized use of your account, username, or password.
6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
a. By your use of the Site, you grant RMG a license to use the materials, information, and Content that you enter or post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Site, you are granting RMG, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of the business conducted by RMG, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, publish, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that RMG may publish or otherwise disclose
your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise properly licensed and authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
b. You agree to agree to protect, defend (with legal counsel selected by RMG and paid by you), indemnify and hold RMG, and RMG’S affiliates, officers, directors, employees, consultants, agents, attorneys, and representatives harmless from and against any claim of damage, loss, action, cause of action, fee, fines, administrative or legal actions, or liabilities incurred or suffered by RMG, of any type, kind, or nature, that arises out of, or is related in any way to, your use, at any time, of the Site including, but not limited to that arising out of any User Content that you place, enter, upload, publish, copy, distribute, transmit, publicly display or perform, reproduce, edit, translate, or reformat on the Site.
c. You understand, acknowledge, and agree that you have elected to enter the Site without reliance upon any promise or representation of any person or persons acting for or on behalf of RMG. You understand, acknowledge, and agree that you have had an adequate opportunity to make whatever investigation or inquiry you may deem necessary or desirable in connection with the subject matter of this Agreement prior to the execution of this Agreement, and that you have read and approved this Agreement with the assistance of legal counsel, or had a reasonable opportunity to do so.
d. This Agreement embodies the entire agreement and understanding between you and RMG and supersedes all prior agreements and understandings relating to the subject matter hereof. No course of prior dealing between the Parties, no usage of the trade, and no parole or extrinsic evidence of any nature shall be used or be relevant to
supplement, explain or modify any term used herein. Each party expressly waives the provisions of California Civil Code Section 1654 and agrees that this Agreement should not be deemed prepared or drafted by one party or the other.
When using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or
that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you. You agree to agree to protect, defend (with legal counsel selected by RMG and paid by you), indemnify and hold RMG, and RMG’S affiliates, officers, directors, employees, consultants, agents, attorneys, and representatives harmless from and against any claim of damage, loss, action, cause of action, fee, fines, administrative or legal actions, or liabilities incurred or suffered by RMG, of any type, kind, or nature, that arises out of, or is related in any way to, your use, at any time, of the Site including, but not limited to, that arising out of any violation, infringement, conversion, use, reproduction, display, uploading, downloading, or
publication of User Content in violation of the intellectual property rights of another.
7. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
8. INAPPROPRIATE CONTENT.
a. RMG has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. RMG has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of RMG or of a third party, or otherwise violated any intellectual property laws or regulations in RMG’S sole, subjective, and absolute discretion.
b. RMG’S policy is to investigate any allegation of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want to delete, edit, or disable the material in question, you must provide RMG with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit RMG to locate the material; (d) information reasonably sufficient to permit RMG to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a 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 (f) 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. For this notification to be effective, you must provide it to RMG’S designated agent at:
Risk Mitigation Group, LLC
admin @ Risk-Mitigation.Group
9. ALLEGED VIOLATIONS.
The Site is intended only for the use of fire department personnel, and
those interested in obtaining fire department or and only those
individuals or entities are allowed to create a profile on the Site.
When creating a profile, you must enter the exact information requested.
If you do not enter the exact information, your submission will be
rejected. You shall not make the following types of Content available,
and you agree not to upload, download, display, perform, transmit, or
otherwise distribute any Content that:
a. Is libelous, defamatory, obscene, pornographic, abusive, or
b. Advocates, solicits, or encourages conduct that could constitute a
criminal offense, give rise to civil liability, or otherwise violate any
applicable local, state, national, or foreign law or regulation; or
c. Uses the site for commercial or promotional purposes, or advertises
or otherwise solicits funds or is a solicitation for goods or services.
RMG reserves the right to terminate your receipt, transmission, or other
distribution of any such material using the Site. RMG reserves the right
to edit or delete anything posted to the site that RMG deems, in its
sole and absolute discretion, to be inappropriate. RMG intends to
cooperate fully with any law enforcement officials or agencies in the
investigation of any use in breach of this Agreement or in violation of
any applicable laws.
RMG reserves the right, in RMG’S sole, absolute, and subjective
discretion, to terminate your use of the Site. You agree that RMG, or
its authorized representatives, may access your account and records on a
case-by-case basis to investigate complaints or allegations of abuse,
infringement of third party rights, or other unauthorized uses of the
Site. RMG does not intend to disclose the existence or occurrence of
such an investigation unless required by law, but reserves the right to
terminate your account or your access to the Site immediately, with or
without notice to you, if RMG believes that you have breached any
provision of the Agreement, furnished RMG with false or misleading
information, or interfered with use of the Site by RMG or by others.
Upon termination of your use of the Site, you must immediately destroy
any downloaded and printed materials. You also may not, without our
specific permission, “mirror” any material contained on this Site on any
other server. Any unauthorized use of any material contained on this
Site may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
11. NO WARRANTIES.
RMG MAKES THE SITE AVAILABLE “AS IS”, WITH ALL FAULTS, AND WITHOUT
WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE, LOSS,
AND LIABILITY ARISING OUT OF, OR RELATED TO, YOUR USE OF, OR INABILITY
TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RMG EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE
SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
RMG DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT
THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITED LIABILITY.
RMG’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW, IN NO EVENT SHALL RMG BE LIABLE FOR DAMAGES, LOSS, OR LIABILITY OF
ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE
FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH
THE CONTENT OF THE SITE, YOUR USE OF THE SITE, OR ANY OTHER MATERIALS OR
SERVICES PROVIDED TO YOU BY RMG. This limitation shall apply regardless
of whether the damages arise out of breach of contract, tort, or any
other legal theory or form of action.
13. AFFILIATED SITES.
RMG has no control over, and no liability for, any third party websites
or materials. RMG works with a number of partners and affiliates whose
Internet sites may be linked with the Site. Because neither RMG nor the
Site has control over the content and performance of these partner and
affiliate sites, RMG makes no guarantees about the accuracy, currency,
content, or quality of the information provided by such sites, and
assumes no responsibility for unintended, objectionable, inaccurate,
misleading, or unlawful content that may reside on those sites.
Similarly, from time to time in connection with your use of the Site,
you may have access to content items (including, but not limited to,
websites) that are owned by third parties. You acknowledge and agree
that RMG makes no guarantees about, and assumes no responsibility for,
the accuracy, currency, content, or quality of this Third Party Content,
and that, unless expressly provided otherwise, these the terms and
conditions of this Agreement shall govern your use of any and all Third
14. PROHIBITED USES.
a. RMG imposes certain restrictions on your permissible use of the
Site. You are prohibited from violating or attempting to violate any
security features of the Site, including, without limitation:
Accessing content or data not intended for you, or logging onto a
server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of the Site or
any associated system or network, or to breach security or
authentication measures without proper authorization;
Interfering or attempting to interfere with service to any user,
host, or network, including, without limitation, by means of
submitting a virus to the Site or Service, overloading, “flooding,”
“spamming,” “mail bombing,” or “crashing;”
Using the Site to send unsolicited e-mail, including, without
limitation, promotions, or advertisements for products or services;
Forging any TCP/IP packet header or any part of the header
information in any e-mail or in any posting using the Service;
Attempting to modify, reverse-engineer, decompile, disassemble, or
otherwise reduce or attempt to reduce to a human-perceivable form
any of the source code used by or provided in the Site;
Using the Site for keyword spamming or to otherwise attempt to
manipulate natural search results;
Recording, processing, or mining information about other users; or
Using any robot, spider, site search/retrieval application, or other
automated device, process or means to access, retrieve, scrape, or
index the Site or any Site Content, or accessing, retrieving, or
indexing the Site for purposes of constructing or populating a
b. You are also prohibited from engaging in the following activities,
or assisting others in engaging in the following activities, in using
Threatening, stalking, defrauding another person, or inciting,
harassing, or advocating the harassment of another person, or
otherwise interfering with another user’s use of the Site;
Using the Site in a manner that may create a conflict of interest,
such as trading reviews with other business owners or writing or
soliciting shill reviews;
Using the Site to promote bigotry or discrimination; or
Using the Site to solicit personal information from minors or to
harm or threaten to cause harm to minors.
c. Any violation of system or network security may subject you to civil
and/or criminal liability.
In addition to the specific indemnity agreement provided herein, you
covenant and agree to protect, defend (with legal counsel selected by
RMG and paid by you), indemnify and hold RMG, and RMG’S affiliates,
officers, directors, employees, consultants, agents, and representatives
harmless from and against any and all claims, losses, liability,
damages, and/or costs (including reasonable attorney fees and costs)
arising from your access to or use of the Site, your violation of these
your account, of any intellectual property or other right of any person
or entity. RMG will notify you promptly of any such claim, loss,
liability, or demand.
16. GOVERNING LAW.
This Agreement shall be construed in accordance with and governed by the
laws of the United States and the State of California, without reference
to their rules regarding conflicts of law. You hereby irrevocably
consent to the exclusive jurisdiction of the State of California or the
federal court located in Sacramento, California, United States of
America, in all disputes arising out of or related to the use of the
Site, or claims arising out of the Site. PLEASE NOTE THAT BY AGREEING TO
HAVE BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2)
IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN,
STATE OR FEDERAL COURTS OF THE STATE OF CALIFORNIA OVER ANY DISPUTES OR
CLAIMS YOU HAVE WITH THE OWNER OF THE WEB SITE; AND (3) SUBMITTING
YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF
CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
18. SEVERABILITY; WAIVER.
In any dispute with us, your sole remedy is to stop using your account
and cancel your account. This includes, but is not limited to, any
dispute related to, or arising out of:
(3) your ability to access or use the services of the web site; and
(4) the content available on the web site or any change in the content
of the web site.
If, for whatever reason, a court of competent jurisdiction finds any
term or condition in this Agreement to be unenforceable, all other terms
and conditions will remain unaffected and in full force and effect. No
waiver of any breach of any provision of this Agreement shall constitute
a waiver of any prior, concurrent, or subsequent breach of the same or
any other provisions hereof, and no waiver shall be effective unless
made in writing and signed by an authorized representative of the
without notice to you. You may not assign your use of the Site or
account to anyone else.
20. NO LICENSE.
Nothing contained on the Site shall be construed or interpreted as
granting you a license to use any of the trademarks, service marks,
logos, or any other items of intellectual property owned by RMG or by
any third party.
21. CALIFORNIA USE ONLY.
The Site is controlled and operated from its offices in the State of
California. RMG makes no representation that any of the materials or the
services to which you have been given access is available or appropriate
for use in other locations. Your use of, or access to, the Site should
not be construed as RMG purposefully availing itself of the benefits or
privilege of doing business in any state or jurisdiction other than
RMG may, in its sole discretion and without prior notice, (a) revise
this Agreement; (b) modify the Site; and (c) discontinue the Site at any
time. RMG shall make a reasonable attempt to post any revision to this
Agreement; provided, however, that all revision shall be effective
immediately when made irrespective of whether the revisions have been
posted. You agree to periodically review this Agreement and other online
policies posted on the Site to confirm that you are willing to continue
to abide by this Agreement subject to all such revision. You agree that,
by continuing to use or access the Site following notice of any
revision, you shall abide by any such revision.
23. ACKNOWLEDGEMENT. BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, FULLY UNDERSTAND THIS AGREEMENT, AND AGREE TO BE BOUND BY THESE TERMS.
I agree, and I accept the terms and conditions set forth in the Terms