Terms & Conditions

Last updated: July 31, 2024

Acceptance of the Terms and Conditions

These terms and conditions are entered into by and between You and FirmTech, Inc. (“FirmTech”, “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”), govern your access to and use of getfirmtech.com, including any content, functionality, and services offered on or through getfirmtech.com (the “Website”), whether as a guest or a registered user.

Please read the Terms and Conditions carefully before you start to use the Website. By clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at https://getfirmtech.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with FirmTech. If you are a minor under the age of 18, you must not access or use the Website.

Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in these Terms and Conditions will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.

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.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. We have the right to disable any user name, password, or other identifier at any time in our sole discretion.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by FirmTech, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as expressly permitted.

Trademarks

The Company name, the terms FIRMTECH and MAKE AMERICA FIRM AGAIN, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of FirmTech.

Copyright Infringement

If you believe that any material contained on this Website infringes your copyright or other intellectual property rights, you should notify us at legal@myfirmtech.com of your copyright infringement claim in the form of a written notification (pursuant to 17 U.S.C. § 512(c)). The notification must include:

• Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information sufficient to permit us to locate such material;
• Your address, telephone number, and email address, if available;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To send any material that does not comply with the Content Standards set out in these Terms and Conditions.
• To transmit any advertising or promotional material without our prior written consent.
• To impersonate or attempt to impersonate FirmTech, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website.

Additionally, you agree not to use any robot, spider, or other automatic device to access the Website; introduce any viruses or harmful material; attempt to gain unauthorized access to any parts of the Website; or attack the Website via a denial-of-service attack.

Monitoring and Enforcement; Termination

We have the right to terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions. We also maintain the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this 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.

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 without our express written consent.

You may use these features solely as they are provided by us. You must not establish a link from any website that is not owned by you, or cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site (e.g., framing, deep linking, in-line linking).

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them.

Terms of Sale

You agree that your order of FirmTech’s products is an offer to buy, under these terms of sale (“Terms of Sale”), all products and services listed in your order. All orders must be accepted by Us or We will not be obligated to sell the products or services to you.

Prices posted on this Website may be different than prices offered through other outlets. All prices, discounts, and promotions posted on this Website are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling.

Terms of payment are within our sole discretion, and unless otherwise agreed by Us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that the credit card information you supply to Us is true, correct and complete, and that you are duly authorized to use such credit card.

We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed.

Please review our return and refund policy for further information.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

You agree to defend, indemnify, and hold harmless FirmTech, 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 your violation of these Terms and Conditions or your use of the Website.

Agreement to Binding Arbitration

Any dispute, claim or controversy between you and FIRMTECH arising from or relating in any way to these Terms and Conditions, your use of any website owned or operated by the Company, or any products or services sold or distributed by the Company (collectively, “Covered Disputes”) will be resolved by a confidential binding arbitration before the American Arbitration Association, rather than in court.

Sole Exceptions to Arbitration

Either you or FirmTech can bring an individual claim in small claims court consistent with any applicable jurisdictional and monetary limits, and either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Jury Trial and Class Action Waiver

You and FIRMTECH acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action.

Governing Law

You and FirmTech agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law. Where otherwise applicable, the laws of the State of Delaware apply.

Initiating Arbitration and Arbitration Rules

Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. You must provide such notice by email to legal@myfirmtech.com. Any arbitration will be held before a single neutral arbitrator and will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and administered by the AAA. The arbitration shall be conducted in Dallas, Texas.

Payment of Arbitration Fees

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs.

Waiver and Severability

No waiver by FirmTech of any term or condition shall be deemed a further or continuing waiver. If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

Entire Agreement

The Terms and Conditions, as well as our Privacy Policy, constitute the sole and entire agreement between you and FirmTech regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by FirmTech, Inc., 7446 S Cottonwood RD, Bozeman, MT, 59718.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: customerservice@myfirmtech.com.