Terms and Conditions
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (hereinafter the “Terms” or the “Agreement”). THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (hereinafter the “User”, “You” or “Your”), and www.FBIRETIRED.COM (hereinafter “FBIRETIRED.COM”, “WE”, “US” or “OUR”), FOR THE USE OF SERVICES PROVIDED BY FBIRETIRED.COM AND, AS APPLICABLE, ALL ASSOCIATED MEDIA, PRINTED MATERIALS, AND “ONLINE” OR ELECTRONIC DOCUMENTATION (collectively the “Services”). THESE TERMS IDENTIFY THE RIGHTS AND OBLIGATIONS WITH REGARD TO THE SERVICES DELIVERED AND INCLUDE PROVISIONS REGARDING WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND BINDING ARBITRATION OF DISPUTES.
1. Subscription to Service.
FBIRETIRED.COM provides its Services, as they may exist from time to time, to Users who establish an authorized account (the “Account”) and pay an annual service fee to subscribe to the Service. BY ESTABLISHING AN ACCOUNT OR USING THE SERVICE, USER AGREES TO BE BOUND BY THESE TERMS (INCLUDING ANY AMENDED, REVISED OR RESTATED TERMS) AND TO USE THE SERVICE IN COMPLIANCE WITH THESE TERMS, ANY ACCEPTABLE USE POLICY AND OTHER POLICIES ESTABLISHED BY FBIRETIRED.COM. If User does not agree to these terms and conditions, including any future revisions, User may not use the Service and if User is a current user of the Service, User must immediately notify FBIRETIRED.COM and terminate the use of the Service.
2. Changes to Service.
FBIRETIRED.COM shall have the right at any time to change, modify, discontinue or delete any aspect, feature or requirement of the Service, including but not limited to pricing, content, hours of availability, and equipment needed for access to and use of the Service. FBIRETIRED.COM further has the right to add to or modify any rules, terms and conditions governing use of the Service at any time. An online version of this Agreement, and any policies as so changed from time to time, will be accessible at www.FBIretired.com or such other online location as designated by FBIRETIRED.COM. To the extent required by applicable law, FBIRETIRED.COM will provide the User with notice of the new or changed terms or prices by written, electronic or other means in Our discretion. User agrees that any of the foregoing will constitute sufficient notice. User’s continued use of the Service will be deemed to constitute acceptance of such change. User agrees to check its email for any such changes and User understands and acknowledges that it bears the risk of failing to do so.
3. User Representations and Warranties.
User represents and warrants to FBIRETIRED.COM that:
a. User is a retired agent or analyst of the Federal Bureau of Investigation (the “FBI”). User has and will continue to provide to FBIRETIRED.COM accurate, complete and current User information, including but not limited to User’s legal name, address, phone numbers, and payment data (including but not limited to credit card numbers and expiration dates). Failure to keep such information current and accurate shall be a breach of this Agreement.
b. User will comply with all export and re-export laws and will not transfer, by electronic transmission or otherwise, and content derived from the Services to either a foreign national or foreign destination without first obtaining any required government authorization. User further agrees not to upload to the Service any data or software that cannot be exported without prior written government authorization. The terms “export” and “re-export” shall mean transferring or releasing technology to another country or to a national of another by any means.
c. User is responsible in all respects (including all payment obligations) for all use of User’s Account in all circumstances. User is responsible for the protecting the confidentiality of its password. User will ensure that all use of the User Account complies with the provisions of these Terms and any operating rules that may be promulgated from time to time by FBIRETIRED.COM, and all use by others of User’s Account is subject to the Terms hereof. User further acknowledges and agrees that User is solely responsible for and liable for any and all breaches of the terms and conditions of this Agreement, whether the breach is a result of use of the Service by User or by any other user of the Service through User’s Account. User agrees to indemnify, defend and hold harmless FBIRETIRED.COM and its officers, directors, employees, affiliates and agents against any and all claims and expenses (including reasonable attorney fees) arising out of the use of the Services or the breach of this Agreement by User or any other user of the Service through User’s Account.
4. Internet Speed.
FBIRETIRED.COM makes not representation regarding the speed of the Internet service. Actual speeds may vary and are not guaranteed.
5. Charges and Fees.
a. User must (i) provide FBIRETIRED.COM with accurate and complete billing information and (ii) promptly report to FBIRETIRED all changes thereto.
b. User agrees to pay for the Service subscribed to, including all applicable local, state or federal fees or taxes. Service charges will be billed annually in advance and are payable upon subscribing for the Service. Cancellation requests within the first 30 days of User’s subscription must be submitted in writing to FBIRETIRED.COM by email. No refunds will be given after the initial 30 days of the subscription or any renewal.
c. User warrants that it is authorized to use the payment method that it entered when it created an Account. User authorizes FBIRETIRED.COM to charge for the Service using the payment method and for any paid feature of the Service. FBIRETIRED.COM will provide the Service indefinitely and will automatically renew such Service and charge User for any renewal. By providing a credit card number, User authorizes FBIRETIRED.COM to continue charging the credit card for all fees (including all service fees and applicable taxes and fees) and any other charges incurred by User pursuant to this Agreement.
d. FBIRETIRED.COM shall charge User’s credit card all amounts payable to FBIRETIRED.COM pursuant to this Agreement in accordance with the information provided. User agrees and acknowledges that FBIRETIRED.COM is not liable for any other charges (i.e. over limit) related to any charge against User’s credit card. User agrees to immediately inform FBIRETIRED.COM of any change in credit card or bank account information. User’s credit card issuer agreement governs use of the credit card in connection with the Service, and User must refer to that agreement with respect to its rights and liabilities as a cardholder. If FBIRETIRED.COM does not receive payment from the credit card issuer or its agents, User agrees to pay all amounts due upon demand by FBIRETIRED.COM.
e. The Service may allow you access to third-party content providers, providers of services, on-line service and other information. User acknowledges that it may incur charges on account of such access and usage through the Service separate and apart from the amounts charged by FBIRETIRED.COM. User agrees that all charges payable to third parties, including all applicable taxes, are User’s sole responsibility.
f. User is responsible for all use of the Service and agrees to notify FBIRETIRED.COM of any unauthorized use of the Service, including but limited to a description of the circumstances of such unauthorized use.
6. Acceptable Use of the Service; Limitations.
a. User agrees at all times to adhere to the current FBIRETIRED.COM policies (the “Policies”). Upon any violation of any of the Policies by User or through use of User’s Account, FBIRETIRED.COM, in addition to all of its other available legal or equitable remedies, may take any responsive actions that it deems appropriate, including: (i) temporary or permanent removal of content; (ii) temporary or permanent blocking of websites, and/or (iii) the immediate suspension or termination of all or any portion of the Service. Notwithstanding anything to the contrary in this Agreement, User acknowledges and agrees that the terms of the Service Policies may be put into effect or revised from time to time without notice by posting a new version of the Service Policies to the FBIRETIRED.COM website. Accordingly, User should consult the Service Policies regularly to conform to the most recent version.
b. Use of the Service for transmission or storage of any information, data or material in violation of any federal, state or local law or regulation is prohibited.
c. User acknowledges that use of the Service does not give User ownership or other rights in any Internet/online addresses provided to User, including but not limited to Internet Protocol (“IP”) addresses, email addresses and web addresses. FBIRETIRED.COM may modify or change these addresses at any time without notice and shall in no way be required to compensate User for these changes.
d. By using the Service to publish, transmit or distribute material or content, User (i) warrants that the material or content complies with the provisions of this Agreement; (ii) consents to and authorizes FBIRETIRED.COM, its agents and affiliates to reproduce, publish, distribute, and display the content worldwide, and (iii) warrants that its has provided this authorization. User acknowledges that material posted or transmitted using the Service may be copied, republished or distributed by third parties, and that User agrees to indemnify, defend and hold FBIRETIRED.COM, its agents and affiliates from any harm resulting from these actions.
e. Title and intellectual property rights to the Service are owned by FBIRETIRED.COM, its agents, suppliers or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. The copying, redistribution, reselling or publication of any part of the Service without the express prior written consent from FBIRETIRED.COM or other owner of such material is prohibited.
f. In addition to any consent that may be provided by us, User may access material through the Service that is not owned by FBIRETIRED.COM. Any such material may be downloaded from the Service with the consent of any third party copyright owner only for User’s personal, non-commercial use, and User is not allowed to redistribute that material over any network, or sell or offer for sale that material. Unless other terms and conditions expressly apply to specific content, User may make: (i) one machine readable copy, (ii) one backup copy, and (iii) one print copy of any material downloaded from the Service; any other copying, or redistribution or publication of any downloaded material, including, without limitation, posting to any other online service, must be with the express permission of the relevant copyright holder.
7. Customer Termination.
User may voluntarily terminate the Service by providing FBIRETIRED.COM notice of such termination in the form of a written communication (email) addressed to FBIRETIRED.COM at least 30 days in advanced of the date of such desired termination.
8. FBIRETIRED.COM Termination.
If User breaches this Agreement or fails to abide by FBIRETIRED.COM’s rules, regulations and/or policies, FBIRETIRED.COM, at its option and without notice, may discontinue the Service, and pursue all of its other legal and equitable remedies against User. User shall pay all reasonable collection and/or attorney fees to FBIRETIRED.COM in the event FBIRETIRED.COM shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement. FBIRETIRED.COM may terminate its Service immediately in the event User makes an assignment for the benefit of creditors or a voluntary petition is filed by or against the User under any law having for its purpose the adjudication of User as a bankrupt. Subject to applicable law, FBIRETIRED.COM may also terminate this Agreement for any other reason or no reason with notice to User. Any prepaid fees for Service not received will be refunded (less any outstanding amounts due FBIRETIRED.COM for applicable fees and charges).
9. Monitoring and Enforcement; Restrictions on Use.
a. User agrees that FBIRETIRED.COM shall have the right, but not the obligation, to monitor all transmissions, postings and content on the Service, including chat rooms, bulletin boards, email and forums, in order to determine compliance with these Terms and any rules now or hereafter established by FBIRETIRED.COM. User acknowledges and agrees that FBIRETIRED.COM and its agents shall have the right to monitor any such postings and transmissions from time to time and to use and disclose them in accordance with this Agreement and FBIRETIRED.COM policies, and as otherwise required by law or government request. FBIRETIRED.COM reserves the right to edit, remove, request removal of, or refuse to upload, post, publish, transmit or store any information or materials, in whole or in part, that, in our sole discretion, is unacceptable, undesirable or in violation of this Agreement or FBIRETIRED.COM policies. User agrees that FBIRETIRED.COM has the right to take any action FBIRETIRED.COM deems appropriate to protect the Service, including restricting or prohibiting any posting or materials that interferes with the ability to provide the Service.
b. User acknowledges and agrees that FBIRETIRED.COM shall have the right to monitor the bandwidth utilization (i.e. the volume of data transmitted) arising out of the Service provided hereunder at any time and on an ongoing basis. In its sole discretion, FBIRETIRED,COM may: (i) limit excessive use of bandwidth; (ii) suspend, terminate or limit User’s Account for excessive use of bandwidth; and/or (iii) otherwise require the payment of high bandwidth usage fees.
c. If FBIRETIRED.COM determines that User has failed to comply with the Service’s policies or limits on bandwidth utilization, FBIRETIRED.COM may suspend or limit User’s Account or terminate User’s Account immediately without prior notification. FBIRETIRED.COM may also immediately suspend or terminate User’s Account for using the Service to post content to the Internet that violates the Service’s policies.
10. Collection of User Information; Privacy.
a. User privacy interests, including your ability to limit discloser of certain information to third parties, are described in the FBIRETIRED.COM Internet Privacy Statement, available for your review on line. FBIRETIRED.COM may from time to time modify its Internet Privacy Statement without notice to User.
b. User expressly grants to FBIRETIRED.COM permission to disclose personally identifiable information relating to User’s Account in response to: (i) a government subpoena or warrant issued in a civil or criminal investigation or litigation; (ii) a civil investigation demand issued by a government entity; or (iii) a court order. User further agrees that FBIRETIRED.COM may also disclose any information in its possession to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril.
c. The Service may allow User to access third parties, including without limitation, content providers, online services and other providers of goods, services and information. Some of these goods, services and information may be accessible directly from the Service, and others may be accessible from third parties referenced above. In connection with this third party access, User may be requested or required to provide its name, address, telephone number, credit card number and other personally identifiable information to such third parties. FBIRETIRED.COM is not responsible for any such information provided by User to third parties, and this information is not subject to the privacy provisions of this Agreement. User assumes all privacy and other risks associated with providing such information to third parties.
11. Service Interruptions.
FBIRETIRED.COM, its parent, affiliates, subsidiaries, suppliers and agents shall not be liability for interruptions of Service due to circumstances beyond its control, including without limitation, acts of God, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a. User understands and agrees that FBIRETIRED.COM services are provided on an “as is” and “as available” basis and User’s use is entirely at his, her or its own risk. FBIRETIRED.COM, including its affiliates and subsidiaries and their respective owners, officers, directors, members, employees, contractors, suppliers and agents (the “Entities”), make no representation or warranty, whether express, implied or statutory, regarding the services being offered, its network, any of its system equipment or software or any equipment used by the User, including, but not limited to any express or implied or statutory warranty of merchantability or fitness of the services or equipment for a particular purpose, or non-infringement of any third party rights, to the fullest extent possible. The Entities specifically disclaim any responsibility, and make no warranty, for the substance, accuracy or quality of information obtained through the service, or that the service will be uninterrupted or error-free. The Entities do not warrant that any data or files sent by or to User will be transmitted in uncorrupted form or within a reasonable period of time.
b. User may consider certain content objectionable and User must exercise its own discretion in using and allowing minors or others to use the Service.
c. FBIRETIRED.COM makes no representation or warranty that any software or content downloaded from the Service does not contain a virus or other harmful feature and it is User’s sole responsibility to take appropriate precautions to protect any computer or other hardware from damage to its software, files or data as a result of any such virus or other harmful feature. FBIRETIRED.COM may, but is not required to, terminate all or any portion of the installation or operation of the Service if a virus is found to be present on the system. FBIRETIRED.Com will not be required to provide User with any assistance in removal of the virus.
d. The Service may contain links to third party websites. These linked sites are not under the control of FBIRETIRED.COM. FBIRETIRED.COM 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. The Entities do not endorse or warrant, and shall not be responsible in any regard for, any merchandise or services ordered through the service or other commercial transactions. User shall be responsible for all such charges and shall indemnify and hold harmless the Entities for all liability in connection therewith.
e. None of the Entities make any warranties as to the security of User’s communications via our facilities or the services (whether such communications are directed within the services, or outside the services to or through the Internet), or that third parties will not gain unauthorized access to or monitor your equipment or communications. User agrees none of the Entitles will be liable for any such unauthorized access. User has the sole responsibility to secure its equipment and communications.
13. Sole Remedy.
User’s sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. Some states do not allow the exclusion or limitation of implied warranties, and some states do not allow the limitations or exclusions of incidental or consequential damages, so certain of the above exclusions may not apply. In such states, the liability of FBIRETIRED.COM and its affiliates and agents is limited to the maximum extent permitted by law.
a. User agrees to defend, indemnify and hold harmless FBIRETIRED.COM and its Entities, from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to: (i) User’s use of the Service; (ii) violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from User’s use of the Service; (iii) User’s violation of applicable law; and/or (iv) User’s breach of any provision of this Agreement. FBIRETIRED.COM reserves the right to terminate or suspend the Service, and/or remove content from the Service, if FBIRETIRED.COM determines, in its sole discretion, that User’s use of the Service does not conform to the requirements set forth in this Agreement, interferes with our ability to provide the Service, or violates any laws or regulations. Our actions or inactions under this provision shall not constitute review or approval of any use of the Service or content transmitted by User. User agrees to indemnify and hold harmless FBIRETIRED.COM and its Entities from and against any and all liability arising from the content transmitted by User by use of the Service.
b. FBIRETIRED.COM and any of its Entities are intended third party beneficiaries with a right of enforcement of the exclusions and limitations of liability and the indemnities contained in this Agreement.
15. BINDING ARBITRATION
Unless prohibited or restricted by applicable law, and Dispute, controversy or claim arising out of or related to this Agreement, the services or any other aspect of the relationship between User and FBIRETIRED.COM, whether based in contract, statute, regulations, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory (a “Dispute”) that cannot be resolved informally shall be resolved by binding arbitration commenced within six (6) months from the date of the occurrence of the event or facts giving rise to the Dispute under then current commercial arbitration rules of the American Arbitration Association (or any consumer rules adopted by the American Arbitration Association to which both parties agree), except that either party may seek equitable or injunctive relief only in an appropriate court of law or equity.
a. User must contact FBIRETIRED.COM within six (6) months of the date of the occurrence of the event or facts giving rise to a Dispute, or User waives the right to pursue any claim based upon such event, facts or Dispute.
b. The arbitrator is bound by the terms of this arbitration provision. All issues are for the arbitrator to decide, except those issues relating to the scope and enforceability of the arbitration provision which shall be for the court to decide.
c. No claim subject to arbitration under this Agreement may be combined with a claim subject to resolution before a court of law or equity.
d. Any award of the arbitrator shall be in writing but need not state the reasons for the award unless requested by either party. Judgment upon an award may be entered in any court having competent jurisdiction.
e. The arbitrator shall not have the power to award damages in excess of the applicable limits set forth in or excluded under any section of this Agreement.
f. Each party shall bear its own expenses and the cost of the arbitrator shall be shared.
g. The parties expressly waive any entitlement to punitive, incidental, consequential, exemplary, statutory or multiplied damages to the fullest extent permitted by law.
h. Claims may only be brought on a party’s own behalf, and not on behalf of any official or other person, or any class of people. All parties to the arbitration must be individually named. Consolidated or class action arbitration shall not be permitted. User agrees that User and FBIRETIRED.COM are each waiving the right to trial by jury or to participate in a consolidated or class action.
i. Any arbitration award over $75,000 may be appealed to a three person panel appointed by the same arbitration association that rendered the original award. Any such appeal must be filed within 30 days and the appeal will be decided, based upon that arbitration association’s appeal rules, within 120 days of filing.
j. If any clause within this arbitration provision (other than the class action waiver clause identified above) is found to be illegal or unenforceable, that clause will be severed from this arbitration provision, and the remainder of this arbitration provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire arbitration provision shall be unenforceable, and the Dispute will be decided by a court.
k. If this entire arbitration provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this arbitration provision, User and FBIRETIRED.COM have each agreed to waive, to the fullest extent allowed by law, the right to trial by jury.
l. User and FBIRETIRED.COM irrevocably agree that any Dispute arising between the parties shall only be instituted and commenced with an arbitrator located within the County of Sacramento, State of California. The laws of the State of California without the application of any conflict of laws provisions or statutes shall govern and apply to all Disputes submitted to arbitration hereunder.
m. This arbitration provision shall survive the termination of this Agreement.
16. Reservation of Rights
Nothing in this Agreement shall be construed to limit FBIRETIRED.COM’s rights and remedies available at law or in equity. FBIRETIRED.COM reserves the right both during the term of this Agreement and upon its termination to delete all of User’s data, files, electronic messages or other User information that is stored on FBIRETIRED.COM’s or its suppliers’ servers or systems. In addition, User may forfeit its account user name and all email addresses. FBIRETIRED.COM shall have no liability whatsoever as the result of the loss or removal of any such data, information, names and addresses.
17. Survival of Representations and Warranties
All representations, warranties, indemnifications and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to the termination.
18. Entire Agreement.
The Term and any rules and policies specified by FBIRETIRED.COM for the Service now or hereafter constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter.
This Agreement is, and shall be interpreted as, subject to applicable law and regulation. In the event any provision of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of the terms and conditions shall remain in full force and effect.
No waiver by either party of a breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.
21. Assignment; Transfer of Account.
FBIRETIRED.COM may assign its rights and obligations under this Agreement, without notice. This Agreement may not be assigned or transferred by User without the prior written consent of FBIRETIRED.COM.
22. Applicable Law.
This Agreement shall be construed and enforced under the laws of the State of California without regard to its conflict of laws provisions or statutes.