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End-User License Agreement

Any use of this website and any content or information contained herein (FirstChairSolutions) shall be governed by the terms of this End User License Agreement ("EULA"). Any website material and accompanying documentation you create from this WEBSITE which is an upgrade or update to any (FirstChairSolutions) created website used by you under the terms and conditions of its associated end user license agreement (the "PRE-EXISTING LICENSE") will be governed by the terms and conditions of such PRE-EXISTING LICENSE.

By accessing the WEBSITE or creating a web listing, you are bound by such applicable terms and conditions. If you do not agree to such applicable terms and conditions, you must stop using the WEBSITE and any WEBSITE LISTING, and terminate your participation of website creation through FirstChairSolutions.

1. Permission to Use the WEBSITE. By accessing this WEBSITE, you agree to follow and be bound by the terms and conditions of this EULA that apply to the WEBSITE. FirstChairSolutions may revise the terms at any time without notice to you. The WEBSITE is furnished for advertisement and is subject to change without notice. Any mention of third-party companies and products is for demonstration purposes only and constitutes neither an endorsement nor a recommendation. FirstChairSolutions assumes no responsibility with regard to the performance or use of products of any such third party. The WEBSITE is provided on an "as-is" and "as-available" basis. FirstChairSolutions makes every effort to ensure the accuracy of its documentation and assumes no responsibility or liability for any errors or inaccuracies that may appear on this WEBSITE.

2. Grant of License to use the WEBSITE LISTING. This EULA grants you a personal, nontransferable, and non-exclusive right to use the WEBSITE LISTING for a single individual per log in name and password approved by FirstChairSolutions. Except as expressly provided in a PRE-EXISTING LICENSE, you may not distribute, lend, rent, lease or loan the WEBSITE LISTING. However, you may transfer the created website for domain registration (user never owns the site material).

3. Limitations to License. You may not reverse engineer, decompile, or disassemble the WEBSITE LISTING in whole or in part; nor shall you attempt to recreate the source code from the object code of the WEBSITE LISTING. Any other activity regarding the form or substance of the WEBSITE LISTING will be allowed only to the extent such activity is expressly permitted by applicable law. You may not modify, translate, adapt or create derivative works based on the WEBSITE LISTING or the WEBSITE, nor attempt to disable any protective device incorporated into the WEBSITE LISTING. Any modification will be deemed a breach of this EULA, and such derivative work will be owned entirely by FirstChairSolutions.

4. Ownership. The WEBSITE LISTING is protected by intellectual property and copyright laws and treaties worldwide, and may contain trade secrets of FirstChairSolutions or its suppliers, who have and maintain exclusive right, title and interest in and to the WEBSITE LISTING, and reserve and retain all rights not expressly granted to you under this EULA. All title and intellectual property rights in and to software and/or content which is not contained in the WEBSITE LISTING or the WEBSITE, but may be accessed or used through use of the WEBSITE LISTING or WEBSITE, is product belonging to the respective content owner and may be protected by intellectual property and copyright laws and treaties worldwide. This EULA grants you no rights to such content. The WEBSITE LISTING is leased, not sold, to you.

5. LIMITED WARRANTY; LIMITATION OF REMEDIES. FirstChairSolutions warrants that the WEBSITE LISTING will perform substantially in accordance with the related documentation and its media, if any, will be free from defects in material and workmanship for the life of subscription. FirstChairSolutions does not warrant that use of the WEBSITE LISTING will be uninterrupted or error-free. This Limited Warranty is void if failure of the WEBSITE LISTING has resulted from accident, abuse, misuse, misapplication, improper modifications or activities intended to circumvent the security processes incorporated in the WEBSITE LISTING.

6. Remedy. FirstChairSolutions's sole obligation and your exclusive remedy under the aforesaid warranties shall be, at FirstChairSolutions's sole option, either (a) replacement/modification of the WEBSITE LISTING that meet the FirstChairSolutions Limited Warranty or if FirstChairSolutions is not able to replace the non-conforming WEBSITE LISTING with a conforming WEBSITE LISTING, (b) return of the price paid, if any, for such WEBSITE LISTING. Any replacement WEBSITE LISTING will be warranted for the remainder of the usage by the user.

7. Disclaimer of Warranties. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, FIRSTCHAIRSOLUTIONS MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SPECIFICALLY DISCLAIMS ALL WARRANTIES OF QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH REGARDS TO THE WEBSITE LISTING AND WEBSITE, AS WELL AS ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTY IS LIMITED TO THE TERM OF THE SUBSCRIPTION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

8. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIRSTCHAIRSOLUTIONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, BREACH OF COMPUTER SECURITY SYSTEMS OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE LISTING AND/OR THE WEBSITE, EVEN IF FIRSTCHAIRSOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WEBSITE LISTING AND WEBSITE ARE PROVIDED "AS IS", AND FIRSTCHAIRSOLUTIONS DOES NOT GUARANTEE THAT THE WEBSITE LISTING OR THE WEBSITE WILL MEET "ANY OR ALL REQUIREMENTS" OF USER OR ALL REQUIREMENTS OF THE SOFTWARE OR HARDWARE WITH WHICH IT INTERACTS. IN ANY CASE, FIRSTCHAIRSOLUTIONS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE WEBSITE LISTING or US$5.00, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS OR LIMITATIONS, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. THE ABOVE LIMITATIONS WILL NOT APPLY IN CASE OF PERSONAL INJURY IN COUNTRIES OTHER THAN THE U.S.A. AND CANADA ONLY IF AND TO THE EXTENT THAT SUCH LIMITATIONS ARE EXPRESSLY PROHIBITED BY APPLICABLE LAW.

9. Copyright. You acknowledge that the WEBSITE, the WEBSITE LISTING and any related materials, and all associated intellectual property rights, including but not limited to any images, photographs, animations, video, audio, music, text, and "applets", as well as the overall "look and feel", will remain the exclusive property of FirstChairSolutions or its suppliers, and you will not acquire any rights to the WEBSITE LISTING except as expressly set forth above.

10. Hazardous Use. The WEBSITE LISTING is not designed, made, or intended for use in an application where failure, malfunction or inaccuracy of the WEBSITE LISTING may cause death, serious bodily injury, including, without limitation, medical equipment, nuclear facilities, aircraft operation, air traffic control, and life support. Any such use is prohibited without the prior written consent of FirstChairSolutions. You agree that neither FirstChairSolutions nor its suppliers will be liable, in whole or in part, for any claims, losses, costs or damages arising out of or in connection with the use and performance of the WEBSITE LISTING in such applications. If you use the WEBSITE LISTING for such applications without FirstChairSolutions consent, you agree to indemnify, defend and hold FirstChairSolutions harmless from all claims, actions, losses, liabilities, damages, costs and expenses (including attorneys fees) arising out of or relating to such prohibited uses.

11. Severability. In the event of invalidity of any provision of this EULA, the parties agree that such invalidity shall not affect the validity of the remaining portions of this EULA.

12. Termination. You may terminate this EULA at any time. FirstChairSolutions may terminate this EULA if you or others in your organization fail to comply with the terms and conditions of this EULA. Upon termination by either party, all rights to use the WEBSITE LISTING will cease, and you will promptly be terminated from the usage of the WEBSITE LISTING. Your termination of this EULA will not entitle you to a refund of any portion of the price paid for a WEBSITE LISTING.

13. Entire Agreement: Governing Law. This EULA constitutes the entire agreement between you and FirstChairSolutions and supersedes any other communication or advertising with respect to the WEBSITE LISTING or the WEBSITE. This EULA shall be governed by and construed and enforced in accordance with the laws of the State of California without reference to conflict of laws principles. The United Nations Convention on Contracts for the International Sales of Goods is specifically disclaimed.

14. Export Controls. You agree that you will not directly or indirectly export the WEBSITE LISTING, the WEBSITE, and any related technical data in violation of the Export Administration Regulations of the U.S. Department of Commerce and other applicable laws. You further agree that you will not export, re-export, divert or transfer the WEBSITE LISTING or the WEBSITE (a) into, or to a national or resident of, any country to which the United States has embargoed goods, (b) or to anyone included on the U.S. Government List of Specially Designated Nationals, the Table of Denial Orders, the Entity List, (c) or to anyone involved in the manufacture and proliferation of weapons in violation of U.S. applicable laws. By using the WEBSITE LISTING or the WEBSITE, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such lists, or involved in any such activities.

15. U.S. Government Rights. If you are an agency or instrumentality of the United States Government, the WEBSITE LISTING is "commercial computer software" and "commercial computer software documentation", and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, the use, reproduction and disclosure of the WEBSITE LISTING are governed by the terms of this EULA.