Last Updated: September 26 2016
Thank you for using Firecracker! These Terms of Service (the “Terms”) govern your access to and use of Firecracker (“we”, “us” or “our”) website and services (the “Services”).
By using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with us and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND WE ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE “GOVERNING LAW; AGREEMENT TO ARBITRATE”).
If you are a student receiving our Services through an agreement between us and an educational institution that you attend, you consent to us sharing information with such educational institution, including information regarding your usage of the Services, your performance on tests of your abilities using the Services, or any other information that we choose to share with such educational institution.
Copyright on our website and all materials included in it is owned by or licensed to us and all rights are reserved. You must abide by all copyright notices and restrictions contained on our website. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from this website (including computer programs or other code) (“Website Materials”), unless we have specifically authorized you to do so and then only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Website Materials.
If you submit any content to us (“Submitted Content”), you agree to assign and hereby assign any such content to us. To the extent that you are not permitted to assign any such Submitted Content, you hereby grant to us and our affiliates a non-exclusive, fully-paid, irrevocable, royalty-free, transferable, sublicensable, perpetual, worldwide license to reproduce, distribute, prepare derivative works of, modify, adapt, translate, publicly perform, publicly display, digitally perform or otherwise use any such Submitted Content for any purpose and in any manner, including in combination with other content. You understand that we may use any such Submitted Content for any purpose. You represent and warrant to us that you will not submit Submitted Content that you do not have the right to submit.
You shall not use this website to:
We reserve the right, without prior notice and in its sole discretion, to decide whether Submitted Content violates these Terms for any of the above reasons or for any other reason, and if we do so, to remove such Submitted Content which you post to the website and/or terminate your access to any of our Services.
If you believe any materials accessible on or from this website infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Firecracker’s copyright agent (identified below) and providing the following information:
Our agent for copyright issues relating to this Website is as follows:
22 Pearl St.
Cambridge, MA 02139
In an effort to protect the rights of copyright owners, Firecracker maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Website who are repeat infringers.
Firecracker, the Firecracker Logo, and other logos on our Services are trademarks owned by Firecracker Inc. (“Firecracker Trademarks”). You may not use Firecracker Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.
You may link to the home page of our website as long as the link does not cast us in a false or misleading light. You may not frame the content of our website. You may not use metatags or any other “hidden text” that incorporates our Trademarks or our name without our express written consent.
THIS WEBSITE AND THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED HEREIN (COLLECTIVELY THE “CONTENTS”) ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. FIRECRACKER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, THE SERVICES OR THE INFORMATION OR CONTENTS AVAILABLE FROM THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF OUR WEBSITE OR SERVICES, WHETHER IN WARRANTY, CONTRACT, TORT, OR OTHERWISE, EXCEED, IN THE AGGREGATE, THE GREATER OF (A) AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE U.S. DOLLAR (US$1). THIS LIMITATION IS CUMULATIVE AND NOT PER CLAIM.
THE CONTENTS OF THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS WEBSITE. FIRECRACKER MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS WEBSITE, THE CONTENTS HEREOF, AND THE PRODUCTS AND SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
THIS WEBSITE, THE SERVICES AND THE CONTENTS ARE FOR INFORMATIONAL PURPOSES ONLY. THE DATA AND OTHER INFORMATION IN THE MEDICAL FIELD CHANGE FREQUENTLY AND ARE SUBJECT TO DIFFERING INTERPRETATIONS. IN ADDITION, THE FACTS AND CIRCUMSTANCES OF EVERY SITUATION DIFFER. ACCORDINGLY, ALTHOUGH WE ENDEAVOR TO USE REASONABLE CARE IN ASSEMBLING THE CONTENTS, YOU SHOULD BE AWARE THAT WE HAVE NO OBLIGATION TO UPDATE SUCH CONTENTS AND THAT SUCH CONTENTS MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES OR OUTDATED INFORMATION. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, ADEQUACY, CURRENCY OR RELIABILITY OF ANY INFORMATION AND ASSUME, AND SHALL HAVE, NO LIABILITY OF ANY KIND RELATING TO THE INFORMATION. THE CONTENTS ARE PROVIDED WITH THE UNDERSTANDING THAT WE ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE.
You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, agents, representatives, licensors, and suppliers, from any and all claims, losses, liability, damages and/or costs (including reasonable attorneys’ fees and costs) arising out of or relating to your violation of these Terms, including without limitation any representations and warranties hereunder and any agreements incorporated by reference; and/or (2) your infringement of any intellectual property or other right of any person or entity.
These Terms will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts made and performed therein, without regard to its conflicts of law principles. Unless you and we agree otherwise, in the event that the following paragraph is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Suffolk County, Massachusetts, except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. Except for the foregoing exceptions, you and we agree to submit to the personal jurisdiction of the courts located within Suffolk County, Massachusetts for the purpose of litigating all such claims or disputes. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Firecracker account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
Firecracker, Inc. ATTN: Arbitration Opt-Out
22 Pearl St.
Cambridge, MA 02139
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our website, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
Our Services are only suitable for use for adults located in the United States of America. If you are under the age of 18, you may only use our Services under the supervision and in conjunction with an adult, who is responsible for your use of the Services. If you are located outside of the United States of America, you consent to your information being sent to the United States of America.
These Terms are the entire agreement between you and us relating to the subject matter hereof and may not be modified except in a writing signed by both you and us.
You may not assign these Terms. Any purported assignment by you is null and void.
If any part of these Terms are held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
If you are a registered member of the Firecracker Website, you may review and update your personal data by clicking the “My Account” link on your personal login page. If you have any questions about our treatment of your data, or if you wish to update your personal data, you can send an email to firstname.lastname@example.org.
For your convenience, when you subscribe to our Services, we will save your credit or debit card information and regularly charge you for your monthly subscription. If any fee is not paid in a timely manner, or we are unable to process your transaction using the payment information provided, we reserve the right to revoke access to your account with us and Services. If you do not bring your Firecracker balance current within five (5) days after we provide you with notification that your account is in arrears, we reserve the right to restrict your account.
Your account will continue in effect unless and until you cancel or we terminate it. Your account is prepaid and non-refundable. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your account at any time, and cancellation will be effective immediately. If you wish to cancel your account you may do so via your "Account" page. Should you elect to cancel your Account, please note that you will not be issued a refund for the most recently (or any previously) charged fees.
We use a third party payment service to process your credit card or other payment information. By submitting your credit card or other payment information, you agree that we will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service from whom we accept payment. We will select third parties who encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
We reserve the right to suspend our Services or terminate these Terms at any time without notice for any reason, including, in the case of the Terms, for your violation of any of its provisions. The following sections of these Terms shall survive any such termination: Copyright & Content, Trademarks, Disclaimer; Limitation of Liability; Indemnity, Governing Law & Agreement to Arbitrate, Miscellaneous, Termination. We specifically reserve the right to suspend or terminate, without refund, your account for suspected abuse of our website or its Contents. This includes behavior that would be consistent with copying and pasting content into external applications.