Firestarter Services Terms of Use Policy

Revised: April 20, 2020

  1. Introduction.
    Firestarter Services, LLC (“Firestarter”) is your ultimate career coaching destination for exciting career opportunities, expert advice, and private access  to outstanding employer opportunities. By creating an account or otherwise using the Services (as defined below) in any manner, you are entering into a legally binding agreement with Firestarter, a Indiana LLC headquartered in Indianapolis, Indiana, as set forth in these Terms of Use (“Terms”). These Terms also include our Privacy Policy which is incorporated by reference.
    You must be at least 16 years of age to use the Services. If you are under 16 years of age, you may not, under any circumstances or for any reason, use the Services. The Services are not targeted to or meant for anyone who has not reached 16 years of age and we will not knowingly collect information from anyone under the age of 16. If the applicable law in the country or state in which you are using the Services requires that you are older than 16 to use the Services, then you must be at least the minimum age legally defined for such country or state in order to use the Services.

  2. Services.
    The “Services” collectively include the “Website” (meaning www.firestartercc.com and including all webpages, subdomains, and any successor or affiliated websites), emails, newsletters, and other communications, user accounts, job application services, coaching services, Content, any other products or services offered by Firestarter, and any other services that state they are governed by these Terms. “Content” means any and all text, articles, images, videos, graphics, software, music, audio, information, or other materials appearing on the Website, including, without limitation, information about employers, career resources, advice, questions, answers, or other content, whether created or posted by you, Firestarter, a third party, or any other user.

  3. Modifications.
    We may update these Terms from time to time. We will give you notice of the changes by posting an updated version of these Terms online, updating the “Revised” date above, or by emailing you at an email address you have provided. Changes to these Terms will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. Your continued use of the Services will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Services.
    We may modify, add to, suspend, or discontinue the Services or certain features of the Services, or remove any Content at any time for any reason, without prior notice to you. Unless expressly stated otherwise, any new feature that augments, enhances, or otherwise modifies the Services is subject to these Terms.

  4. Accounts.
    While you are not required to provide your personal information to us, unless you create an account with us (a “Firestarter Member Account”) and give us certain personal information, we may not be able to provide you with access to, or use of, some of the Services. If you choose not to create or continue to maintain a Firestarter Member Account, you may still access certain features as a visitor to our Website. Your access and use of the Services, whether as a visitor or as a Firestarter Member Account holder, is subject to these Terms.
    Your Firestarter Member Account is for your personal, non-commercial use only and you must provide complete and accurate information when creating a Firestarter Member Account. You are responsible for maintaining the confidentiality and security of your account information, including any usernames or passwords, and are solely responsible for the activity that occurs on your Firestarter Member Account. You may not create an account for someone else or allow someone else to use your Firestarter Member Account. You agree to notify us immediately of any actual or suspected unauthorized access to or use of your username or password or any breach of security related to your Firestarter Member Account. If your Firestarter Member Account has been canceled by us, or you have been removed or otherwise blocked from the Website due to a violation of our Code of Conduct or for any other reason, you may not continue to use the Services.
    You may cancel your Firestarter Member Account at any time by sending an email to account management. If your Firestarter Member Account is cancelled, we have no obligation to maintain, delete or return to you any Content or personal information data you have posted through your use of the Services unless you specifically request such deletion in accordance with our Privacy Policy and have a legitimate right to such deletion under applicable law.

  5. Job Applications.
    Firestarter allows you to get an inside look at employers, browse open positions, and apply to jobs. Some job postings on our Website will redirect you to the applicable employer’s career page, where you will be able to submit an application without creating a Firestarter Member Account. Additionally, we may, but are not obligated to, provide you with an option to upload a resume, cover letter, or other professional information. The collection of any such information is governed by our Privacy Policy.

  6. Paid Services.
    The Services include a variety of products and services that are free to use (“Free Services”), as well as certain products and services that require payment (“Paid Services”). We reserve the right to charge for Free Services or change the price for Paid Services, at any time. If you purchase any of our Paid Services, you agree to pay us any applicable fees and taxes and you agree to any additional terms that may apply. You hereby authorize the collection of such amounts either directly by Firestarter or indirectly via a third-party payment processor. Failure to pay these fees will result in the termination of the applicable Paid Service. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that third-party’s service and that third-party’s personal information collection practices.
    Please note that Firestarter is not liable for any bank fees, foreign exchange fees, or differences in prices based on geographic location. Firestarter or its third-party payment processor may store and continue billing your payment method in order to charge you for other Paid Services you may buy.

  7. Content; Licenses.

    • Your Content. We do not acquire ownership of the Content you post through the Services, but by posting any Content, you agree to grant us a universal, perpetual, sub-licensable, commercial, royalty-free, and irrevocable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute such Content, in all media and distribution methods now known or hereafter devised, and you represent to us that you have the right to grant such a license. You agree that this license includes the right for other users of the Services to modify your Content and for Firestarter to make your Content available to others for the publication, distribution, syndication, or broadcast on other media and services. Such additional uses by Firestarter or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise make available through the Services. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we are free to use such feedback, comments, or suggestions as we see fit and without any obligation to you. We reserve the right, but do not have any obligation to, remove or block any Content in our sole discretion, at any time, without notice to you and for any reason (including, without limitation, upon receipt of claims or allegations from third-parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all. If the Content you submit to the Services contains your personal information, your right to access that personal information is governed by our Privacy Policy.

    • Firestarter Content. The Website and Services also contain Content posted by Firestarter and our licensors (“Firestarter Content”). We and our licensors retain all right, title and interest in and to such Firestarter Content, including all associated intellectual property rights, including, without limitation, copyrights, trademarks, trade names, trade dress, logos, patents, know-how, trade secrets, instructions, and all other proprietary information. Subject to your compliance with these Terms, Firestarter grants you a revocable, limited, non-exclusive, non-transferable license, to access and view any Firestarter Content solely for your personal and non-commercial purposes. You agree not to sublicense, copy, distribute, display, disseminate, reproduce, or otherwise exploit any Firestarter Content or Services without our prior written permission, regardless of whether it is created or owned by Firestarter or a licensor to Firestarter.

    • Trademarks. The trademarks, logos, trade names, and service marks, whether registered or unregistered (“Trademarks”) displayed on the Website are Trademarks of Firestarter and its third-party licensors. Display or use of any Trademarks on the Website or in the Services shall not be construed as granting, by implication or otherwise, any license or right to use any Trademark without the prior written permission of Firestarter or such third-party. You also agree not to use our trade dress, or copy the look and feel of the Website or its design.

    • Disclosure of Content. We reserve the right to access, read, preserve, and disclose any Content or information in accordance with our Privacy Policy.

  8. Firestarter Coaching Services.
    Firestarter Coaching Services is a Paid Service that can connect you with qualified career coaches (“Coach” or “Coaches”). You may purchase a variety of different Services offered by Firestarter Coaches (“Firestarter Coaching Services”), including, among others, resume review, career Q&A, and job search strategy.
    Coaches are independent career consultants who offer consulting services for users of Firestarter Coaching Services. They are not employees or agents of Firestarter and we do not endorse or verify any Coaches or the Firestarter Coaching Services Services provided by any Coach. The Coaches, and not Firestarter, are solely responsible for honoring any Firestarter Coaching Services Services purchased by you. If a Coach becomes unavailable to provide a purchased Firestarter Coaching Services Service, you may be entitled to a refund. If you miss an appointment or fail to give at least 24 hours-notice of cancellation, the fees you paid for the Firestarter Coaching Services Service may be forfeited. Except for the circumstances specified in Terms of Service Agreement, Firestarter Coaching Services Services are non-refundable.
    Firestarter Coaching Services Services must be purchased in advance, and may be purchased individually or in packages. We will honor the price of a Firestarter Coaching Services Service purchased for a period of 12 months from the date of purchase, even if we decide, in our sole discretion, to otherwise increase the price of such Firestarter Coaching Service during that period. Firestarter will not honor purchased Firestarter Coaching Services which are not used within 12 months from the date of purchase.
    Payments made for Firestarter Coaching Services Services are transferred to the applicable Coach promptly following completion of the relevant Firestarter Coaching Services Service, less any service fees charged by Firestarter and any processing fees, if applicable.
    For so long as Firestarter offers Firestarter Coaching Services Services, you hereby agree not to hire or otherwise engage any Coach to whom you are introduced via the Website other than directly through the Website. To the extent you breach the foregoing restriction, you and the applicable Coach shall be jointly and severally liable for any losses incurred by us as well as liquidated damages in the amount of $150 per breach, and Firestarter will have no obligations or liability whatsoever in respect of any such engagements.

  9. Links to Third-Party Sites.
    The Website may direct you to third-party websites that are not owned or maintained by Firestarter. We are not responsible for your use of such third-party websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any such link to a third-party website does not imply any association between us and their operators. Your use of any third-party websites is governed by the terms of such third-party websites and not by these Terms.

  10. Code of Conduct.
    You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Services, you agree that you will not:

    • Violate any local, state, provincial, national, or other law or regulation, or any order of a court.

    • Run any bots, spiders, scrapers, web crawlers, indexing agents, or other software to aggregate or browse our Services, including, without limitation, company or user accounts or profiles, or otherwise interfere with or circumvent the integrity of the Website or Services.

    • Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the Website or Services or transmit any other computer programming routines that may damage, interfere with, or surreptitiously intercept any data, or personal information.

    • Use the Services to transmit, distribute, post, or submit any confidential information concerning any other person or entity.

    • Stalk or harass, interfere with, or disrupt the access of any user of the Services, or collect or store any personally identifiable information about any other user without explicit consent from the user.

    • Defame, defraud, mislead, or impersonate any person or entity, or otherwise misrepresent yourself or your affiliation with any person or entity.

    • Post false information, including, without limitation, in respect of a job, company, or your own credentials as a job applicant.

    • Infringe, violate, or otherwise interfere with any copyright, trademark, or other intellectual property rights of another party.

    • Act in any manner which, in our sole discretion, is objectionable, interferes with the proper working of the Services, or which may affect our reputation in any way.

  11. Disclaimers.
    The disclaimers in this section apply to the maximum extent allowable under applicable law.
    You are solely responsible for your use of the Services and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any other user or any Coach. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to you. We make no representations concerning any Content contained in or accessed through the Services.
    The Services are provided “as is” and without warranty of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, or non-infringement, all of which are expressly disclaimed. Firestarter does not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Services will function without errors; (c) any defects or errors will be corrected; (d) any Content or software available through the Services is free of viruses or other harmful components; and (e) the results of using or relying on any Content or Services or advice contained therein will meet your requirements or produce desired results. Your use of, or reliance on, the Services or any Content is solely at your own risk.

  12. Limitation of Liability.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIRESTARTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, OR REPUTATION ARISING FROM YOUR USE OF THE WEBSITE, CONTENT, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FIRESTARTER WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

  13. DMCA Notices.
    We respect the intellectual property rights of others and take copyright infringement seriously. We have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Website or otherwise in our Services, please notify us via mail or email with a message which contains:

    • Your name and contact information, including your address, telephone number, and an email address;

    • The name of the party whose copyright has been allegedly infringed, if different from your name;

    • The name and description of the original work that is allegedly being infringed;

    • The location of the alleged infringing copy (such as the URL);

    • A statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner (or by a third-party who is legally entitled to authorize its use on behalf of the copyright owner) and is not otherwise permitted by law; and

    • A statement that you swear, under penalty of perjury, that the information contained in the notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
      You must sign this notification and send it to our Copyright Agent at:

Attn: Heather

Firestarter Services, LLC

333 North Alabama Street, Suite 350

Indianapolis, Indiana 46204

We review all infringement claims, determine their merit, and act accordingly.

Indemnification.
You agree to indemnify, defend and hold harmless Firestarter, its affiliates and each of their respective principals, shareholders, agents, officers, directors, consultants, and employees from or against third-party claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising from or relating to any third-party claim, suit, action or proceeding arising out of or related to your use or purchase of the Services, your violation of the rights of any third-party or person, or your breach of these Terms or any representation or warranty contained herein. Firestarter reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Firestarter, and you agree to cooperate with Firestarter defense of these claims. Firestarter will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  1. Dispute Resolution.
    You agree that the laws of the State of Indiana, USA, excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms and/or the Services.
    PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FIRESTARTER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FIRESTARTER. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
    You and Firestarter agree to arbitrate any dispute arising from these Terms or your purchase or use of the Services, except that you and Firestarter are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You and Firestarter agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Firestarter shall be sent by mail to Firestarter Services, LLC, Attn: Heather, 333 North Alabama Street, Suite 350, Indianapolis, Indiana 46204 or by email to heather@firestartercc.com. You and Firestarter further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Indianapolis, Indiana; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Indianapolis, Indiana have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Whether the dispute is heard in arbitration or in court, you and Firestarter will not commence against the other a class action, class arbitration, or other representative action or proceeding.

  2. Miscellaneous.
    These Terms, together with the Privacy Policy, and any other legal notices published on the Website, shall constitute the entire agreement between you and Firestarter concerning your use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Firestarter at any time without restriction. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Firestarter shall have the sole right to elect which provision remains in force. No waiver of any one provision set forth in these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Firestarter's failure to assert or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
    Any inquiries about your rights under these Terms, or any matters regarding your privacy, can be directed to heather@firestartercc.com, respectively, or by mail to:
     

Attn: Heather
Firestarter Services, LLC
333 North Alabama Street, Suite 350 

Indianapolis, Indiana 46204