Agreement between user and First Arriving

Welcome to First Arriving. The www.First Arriving.com website (the “Site”) is comprised of various web pages for services operated by First Arriving. These services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of First Arriving constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

First Arriving (“First Arriving”), is a marketing and technology company, including website hosting, digital signage, marketing agency services, video and multi media production and other services.

Specific to digital signage, customers may download information, upload data, create and alter data, manage a network of connected playout devices, and all functions related to the design and management of digital visual communications.

Privacy

Your use of First Arriving is subject to First Arriving’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting First Arriving.com or sending emails to First Arriving constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that First Arriving is not responsible for third party access to your account that results from theft or misappropriation of your account. First Arriving and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

First Arriving does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use First Arriving.com only with permission of a parent or guardian.

Website hosting customers retain ownership of all original content uploaded to their websites. An export of this content, including images, files and text content, can be provided on demand with written notice. Content will be provided securely within 30 days of request. Such written request can be made to [email protected] Custom development, plugins and themes are not transferable unless specifically outlined in the customer’s specific agreement. Any domains purchased by First Arriving on behalf of the customer for their specific use shall be transferred (transfer initiation) to the customer, via normal domain transfer processes, within ten (10) business days of request. Actual time of transfer to customer’s domain hosting account may post initiation.

Cancellation/Refund Policy

You may cancel your subscription at any time. The cancelation becomes effective once the prepaid term is up and the account would be due for renewal. You may qualify for a refund only if the cancelation was due to a documented service issue. Please contact us at [email protected] with any questions.

Links to third party sites/Third party services

First Arriving.com may contain links to other websites or resources (“Linked Sites”). The Linked Sites are not under the control of First Arriving and First Arriving is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. First Arriving is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by First Arriving of the site or any association with its operators.

Certain services made available via First Arriving.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the First Arriving.com domain, you hereby acknowledge and consent that First Arriving may share such information and data with any third party with whom First Arriving has a contractual relationship to provide the requested product, service or functionality on behalf of First Arriving.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use First Arriving.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to First Arriving that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of First Arriving or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. First Arriving content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of First Arriving and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of First Arriving or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by First Arriving from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the First Arriving Content accessed through First Arriving.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless First Arriving, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. First Arriving reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with First Arriving in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. First Arriving AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

First Arriving AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. First Arriving AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL First Arriving AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF First Arriving OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

First Arriving reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and First Arriving as a result of this agreement or use of the Site. First Arriving’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of First Arriving’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by First Arriving with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and First Arriving with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and First Arriving with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

First Arriving reserves the right, in its sole discretion, to change the Terms under which firstarriving.com and related services is offered. The most current version of the Terms will supersede all previous versions. First Arriving encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

First Arriving welcomes your questions or comments regarding the Terms:

First Arriving

10640 Charter Hill Court
Suite 103
Ashland, VA 23005

Email Address:
[email protected]

Telephone number:
+1 (240) 667-7755

Effective as of August 19, 2018