This Agreement sets forth Your rights and obligations as a User of any First Page Corporation-owned Sites and Services. You wish to be provided with First Page Sites and Services, defined below, by First Page and First Page agrees to provide First Page Sites and Services to You in accordance with the Terms of this Agreement.
A. “First Page” means First Page Corporation, the owner of First Page Corporation and other trademarks. In this Agreement, references to “First Page” as a Party mean and refer to First Page Corporation, and First Page Corporation’s owner(s), parent company(ies), affiliate entities, employees, and assigns.
B. “Parties” mean First Page and You. First Page and You are each a “Party.”
C. “Terms” mean and refer to the Terms of Service and Terms and Conditions set forth herein.
D. “User” refers to a person or entity who uses, or has created an Account with, First Page-owned Sites and Services. “User Account” refers to a User’s Service Account.
E. “You” and “Your” and "I" means the First Page User who uses First Page-owned Sites and Services or has executed this Agreement by clicking "Pay Now" or “I Agree to the Terms and Conditions.”
F. “I Agree” or "Pay Now" both refer to I Agree to the Terms.
G. “First Page Services” and “First Page Sites and Services” mean and refer to this site and/or certain individual or package plan marketing services as more fully outlined in First Page’s written or emailed quote or described on First Page’s websites or package plan pages whereas First Page grants You a limited, non-exclusive, non-transferable, revocable license to use services and sites owned and provided by First Page subject to the Terms herein.
II. Registration - Becoming a First Page User
By using First Page Sites and Services You become a User and You agree to be bound by these Terms. By clicking "Pay Now" or “I Agree to the Terms and Conditions” and transferring payment to First Page, You create a User Account and You become a registered First Page User, and You agree to be bound by these Terms. There are various First Page Sites and Services available to Users, and monthly fees that are applicable to such services. First Page’s Sites and Services are listed in Section III below. First Page Sites and Services fees are subject to change without notice. Fee changes are effective on the first day of the month after the fee change. By clicking “I Agree” or "Pay Now" and providing First Page Your credit card information, You authorize First Page to charge Your credit card in the amount indicated for the value of the services You select, including any future fee changes. By Your continued use of First Page Sites and Services, and unless You terminate this agreement as provided herein, You agree that First Page may charge Your credit card monthly for the services You have selected, and You consent to any fee changes for such services.
By registering for, or using First Page Sites and Services, You:
- represent that You are 18 years of age or older,
- represent that You have the legal capacity and authority to bind Yourself and/or the person or entity for whom You are accepting these Terms,
- represent, warrant, and covenant that the information and data that You have provided or will provide to First Page is or will be correct and complete in all respects and that You have the right to provide such information and data to First Page,
- acknowledge that First Page has and will rely upon the information and data that You provide and that any incorrect or incomplete information that You provide to First Page may result in First Page withholding, suspending, or terminating the First Page Sites and Services and/or terminating this agreement, and
- agree to be bound by these Terms, as may be updated by First Page from time to time in its sole discretion.
First Page provides a Service that currently allows You to receive requests for feedback, company information, promotional information, company alerts, coupons, discounts, and other notifications to Your email address and/or cellular phone or device. You are responsible for obtaining access to the Service and that access may involve third-party fees (such as SMS text messages, Internet service provider or cellular airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of each SMS text message sent to You by First Page. In addition, You must provide and are responsible for all equipment necessary to access the Service and receive the SMS text messages. First Page does not charge any fees for the delivery of email or SMS. This is a free service provided by First Page. However, please check with Your Internet service provider and cellular carrier for any charges that may incur as a result of receiving email and SMS text messages that First Page delivers upon Your opt-in and registration with First Page’s email and SMS services. You can cancel at any time. Just text "STOP" to 7025772911. After You send the SMS message "STOP" to First Page, First Page will send You an SMS message to confirm that You have been unsubscribed. After this, You will no longer receive SMS messages from First Page.First Page is a certified CORE 4 MARKETING systems provider whose sole focus is Reputation, Social Media, Traffic, and Funnels & Automation for local businesses. First Page offers the following First Page Sites and Services. Should You subscribe to any of these First Page Sites and Services, the Terms herein shall apply as well as any Special Terms as may be described with the individual service offering:
- Email Marketing and Re-engagement Campaigns
- Social Media Marketing, Social Covers, Social Curation, Creation, and Posting
- Social Traffic Conversion Offers
- Social Media Setup
- Reputation Monitoring, Review Generation and Reputation Marketing
- Video Creation: Review Commercials, Expert Interviews, Sales, and Recruitment
- Display Ad and Video Ad Design and Creation
- Retargeting and Cold Traffic Advertising
- Brand Site Funnels, Landing Pages, Blog Pages, Video Pages, Referral Pages design, creation, and hosting (see Special Terms)
- Exit-Intent Lead Capture
- Review Badge Conversion Widget
- ADA Accessibility Widget
- Blog Article Curation, Creation, and Posting
- CallBot Missed Call Converter
- Call Tracking
- Directory Listing and Optimization Service
- SMS Text Broadcasting.
- Business to Business (B2B) Cold Emailing
- Press Release Creation and Distribution
IV. Changes/Upgrades to First Page Sites and Services
First Page has the right, in First Page’s sole discretion, to modify or change the First Page Site and Services. First Page will notify You of such changes via email, or any other method First Page deems appropriate. Your continued use after any such modification or change is made constitutes Your acceptance of such modification or change.
V. You Agree to Provide First Page
You agree to submit all data, information, and content to First Page in the format specified by First Page within three (3) days of registration:
- Onbording Forms including Your company details, photos, and special and discount offers
- Logos, artwork, graphics, and other photo or video media that You would like First Page to use in Your Branding
- Complete a 30-minute initial consultation in order for First Page to complete the setup of Your company details, keywords, and other media to build Your promotional resources
- Your Online Resources and Customer Contact List
- You agree to make it a priority to approve and follow up with issues in relation to Email Marketing, Social Media Marketing, and Reputation Marketing. Example: approving emails, supplying reviews, reviewing reports, etc.
- You agree to provide new customer names, email addresses, etc. to First Page each week for offer and review request emailing.
VI. Time for Performance
First Page will launch components of Your First Page Sites and Services within 4 to14 days of scheduling the project. You will be scheduled only when initial payment and all Onboarding Forms including initial data, information, and content are received.
Initial payment and ongoing recurring payments for Your First Page Sites and Services shall be paid on the same date each month by credit/debit card (VISA, Mastercard, American Express, and Discover) no later than the monthly due date.
First Page uses Stripe a secure payment gateway, which meets and exceeds the most stringent standards for security, to process card transactions on First Page's behalf. First Page does not store card details on First Page's sites. All payment data is securely stored by a third-party PCI-compliant payment gateway. Your connection is securely encrypted with full SSL encryption over HTTPS.
Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges, or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by First Page to You under this Agreement, and such shall be payable by You to First Page in addition to all other charges payable hereunder.
IX. Term and Termination
Your User contract with First Page begins when You click “I Agree” or "Pay Now," and will continue month-to-month after a 3-month minimum period until either:
A. First Page cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is canceled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to First Page.
B. You provide First Page thirty (30) days’ e-mail advance notice, to support@FirstPageCorp.com, of the cancellation of Your account. If You provide such notice less than thirty (30) days before Your renewal date, Your credit card may still be charged. Upon cancellation You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to First Page.
C. Your credit card or First Page’s charge is denied for any reason, and You do not provide First Page a new credit card within ten (10) days.
First Page reserves the right to suspend or cancel First Page Sites and Services at any time if You fail to pay amounts owing when due, violate or breach any of the Terms, or for any other reason at First Page’s sole discretion. If First Page Sites and Services are suspended or canceled, You will still be responsible for payment of all outstanding balances accrued through the remainder of the month or other cancellation date, including any additional fees accrued as described herein. Upon termination of First Page Sites and Services, You will no longer have access to First Page Sites and Services.
Cancellation of First Page Sites and Services revokes Your license and ends Your rights thereunder. In case of such cancellation, You will cease use of the First Page Sites and Services before Your renewal date. The Terms that by their sense and context are intended to survive performance by either or both parties shall so survive the performance and termination of the license, including without limitation those Terms relating to warranty limitations, limitation of liability, remedies or damages, or First Page’s proprietary rights.
X. Intellectual Property License - No License to use First Page Marks
You acknowledge that You have no ownership, rights, title, or other interest in the First Page Sites or Services apart from that granted hereunder. All rights, title, and interests including, but not limited to, intellectual property interests, in and to the First Page Sites and Services are the exclusive property of First Page, and these Terms shall not be deemed a transfer of title or ownership in any respect. All rights not expressly granted to You pursuant to this section are expressly reserved by First Page. Any content on any First Page site may constitute the intellectual property of First Page. Except where expressly authorized, no material on any First Page site may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. All brands or related brands including First Page, First Page Corp, First Page Corporation, Local Review TV, Local Business Interview TV, First Page Call Tracking, First Page Visibility, First Page Reviews, First Page CallBot, First Page Accessibility, or First Page Review Responder trademarks and logos are proprietary marks of First Page, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by First Page or any of First Page’s affiliates.
First Page will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate in any manner, any information, including but not limited to, marketing strategies, plans and spend, offers, pricing, reviews, status, customer lists, and correspondence, which is proprietary to You. First Page will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement.
You acknowledge that, in connection with the performance of this agreement, You may receive certain confidential information of First Page, which confidential information shall include information relating to First Page Sites and Services. You hereby agree: (a) to hold and maintain in strict confidence all confidential information of First Page and not to disclose it to any third party; and (b) not to use any confidential information of First Page except as permitted by these Terms or as may be necessary to exercise rights or perform obligations under these Terms. In the event that You disclose or are required to disclose confidential information, You shall use commercially reasonable efforts to provide First Page with prompt notice prior to any disclosure to afford a reasonable opportunity to protect the confidential information from public disclosure.
Neither of the Parties will use, copy, adapt, alter, or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information that the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
This agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made under seal.
XII. Non-Solicitation of Employees
You and First Page agree to refrain from soliciting for employment, without the prior written consent of the other, their respective employees during the term of this agreement and for a period of two (2) years following the termination of this agreement.XIII. Indemnity
XIV. No Warranty; No Leads
First Page does not promise, guarantee, or warrant Your business success, income, or sales. You understand and acknowledge that First Page will not at any time provide sales leads or referrals to You. Additionally, FIRST PAGE SITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FIRST PAGE MAKES NO REPRESENTATION OR WARRANTY AS TO THE PERFORMANCE, FUNCTIONALITY, ACCURACY, RELIABILITY, LEGAL COMPLIANCE, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY FIRST PAGE SITES AND SERVICES. ANY RELIANCE ON OR USE OF SUCH MATERIALS AND USE OF FIRST PAGE SITES AND SERVICES SHALL BE AT YOUR SOLE RISK. FIRST PAGE MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY FIRST PAGE SITES AND SERVICES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY FIRST PAGE SITES AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY FIRST PAGE SITES AND SERVICES AND THE SERVERS OR NETWORKS THROUGH WHICH ANY FIRST PAGE SITE AND SERVICES IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The First Page websites may include inaccuracies, errors, and materials that conflict with these Terms. In the event of any conflict between anything posted on any First Page website and these Terms, these Terms shall control.
XV. Limitation of Liability
FIRST PAGE DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE FIRST PAGE SITES AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FIRST PAGE, ITS SUPPLIERS, OR LICENSORS BE LIABLE TO ANYONE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, PERSONAL OR REAL PROPERTY DAMAGE, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE, OR NEGLIGENCE) AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IF FIRST PAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE USE OF OR INABILITY TO USE THE FIRST PAGE SITES AND SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) THE COST OF INVESTIGATION, DEFENSE, OR SETTLEMENT OF ANY TELEPHONE CONSUMER PROTECTION ACT OR SIMILAR CONSUMER PROTECTION CLAIM OR LAWSUIT; OR (D) ANY OTHER MATTER RELATING TO THE FIRST PAGE SITES AND SERVICES. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FIRST PAGE SITES AND SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL AND DISCONTINUE USING THE FIRST PAGE SITES AND SERVICES. YOU AGREE THAT IN NO EVENT SHALL FIRST PAGE’S LIABILITY TO YOU FOR ANY CLAIM FOR SERVICES YOU DEMONSTRATE WERE PROMISED BUT NOT PROVIDED EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE PORTION OF SERVICES NOT PROVIDED IN THE THREE (3) MONTH PERIOD PRIOR TO THE CLAIM AT ISSUE, AND YOU AGREE THAT THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY REGARDLESS OF ANY ALLEGATION OR FINDING THAT A REMEDY FAILED OF ITS ESSENTIAL PURPOSE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), AND EVEN IF FIRST PAGE OR OTHERS WERE ADVISED OR AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LIABILITY. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
XVI. Force Majeure/Service Interruptions
First Page Sites and Services are web-based and may be interrupted or negatively affected by items outside of First Page’s control. First Page will not be responsible to You for any delay, damage, interruption, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean any act of God, an act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war, sabotage or hostile action, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, labor disturbance, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks or hackers, failure of third party software, failure of access circuits to First Page’s computer network, DNS (domain name server) issues outside First Page’s direct control; issues with FTP, POP3, SMTP, or any items relating to Your access to First Page Sites and Services; Your acts or omissions (or acts or omissions of others engaged or authorized by You), any negligence, willful misconduct, or use of First Page Sites and Services in breach of these Terms; e-mail or Web Mail delivery and transmission; DNS propagation; or outages elsewhere on the Internet that hinder access to First Page Sites and Services or any other causes beyond the control of First Page. Because First Page Sites and Services are dependent on You ensuring that Your Third-Party Equipment is active and fully functioning, First Page is not liable for any failure of Your Third-Party Equipment. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. First Page shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
XVII. Assignment of Rights
First Page may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without First Page’s or its assigns express written consent.
XVIII. Information; Registration; Usernames and Passwords
As a registered First Page user an account will be created for You with First Page. You warrant that the information You provide First Page is truthful and accurate, and that You are not impersonating another person or entity.
You are responsible for maintaining the confidentiality of any passwords You may use to access First Page Sites and Services, and You agree not to transfer Your passwords or any login information or lend or otherwise transfer Your use of or access to First Page Sites and Services, to any third party. You are fully responsible for all transactions with, and information conveyed to, First Page under Your Account and You are solely responsible for any activity that occurs under Your usernames and accounts. You expressly agree that You will not resell First Page Sites and Services. You may not assign Your obligations under these Terms to any other party. You agree to immediately notify First Page of any unauthorized use of Your password or login information or any other breach of security related to Your account. You agree that First Page is not liable, and You will hold First Page harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XIX. Release/Authorization to Use Photographs or Images
You represent and warrant to First Page that You own (or have a legal license to use) all photographs, images, text, artwork, graphics, designs, trademarks, and other materials You provide to First Page (hereinafter “Photographs or Images”) for inclusion in any First Page Sites and Services and that You have obtained all waivers, authorizations, and all other documentation that may be appropriate to evidence such ownership. You shall indemnify and hold First Page harmless from all losses and claims, including attorney’s fees and legal expenses, that may result by reason of claims by third parties related to such materials.
You grant First Page permission to use any Photographs or Images, taken or created by First Page or its agents or employees, or submitted by You to First Page in any Media (including print, Internet, film, television, and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of You or First Page or any product or service sold and marketed by First Page. You agree that this authorization to use Photographs or Images may be assigned by First Page to any other party. You agree that the Photographs or Images may be combined with other Photographs or Images, sounds, text, and graphics and that the Photographs or Images may be manipulated, cropped, altered, or modified at First Page’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against First Page in exchange for this Release and Assignment. You hereby release and forever discharge First Page from any liability and from any damages You may suffer as a result of the use of the Photographs or Images. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XX. Prohibited Activity
First Page has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to First Page and/or any of its brand’s reputation; and the violation of the rights of First Page or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. First Page has zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to First Page Sites and Services’ reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs, or that violates the intellectual property rights of another.
You may only access and use First Page Sites and Services in the manner authorized by the Terms and any other documents First Page provides to You. First Page is not liable to You for any unauthorized access to or misuse of First Page Sites and Services. You may not use First Page Sites and Services in any manner that could damage, disable, overburden, or impair First Page Sites and Services or interfere with any other party’s use and enjoyment of First Page Sites and Services. You may not attempt to gain unauthorized access to First Page Site and Services (or computer systems or networks connected to First Page Sites and Services) through hacking, password mining, or any other means. You agree that You will not engage in any activities with respect to First Page Sites and Services that violate any applicable local, state, national or international laws or regulations, the intellectual property, or other rights of third parties, or submit or transmit any material that is abusive, defamatory, obscene, threatening, or otherwise inappropriate, as reasonably determined by First Page.
XXI. Message Sending Policy and Best Practices
First Page will follow, and First Page requires You to follow these best practices when sending electronic communications using First Page Sites and Services:
- Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
- Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt-out from Your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
- Comply with all requests from recipients to be removed from Your mailing list within the earlier of 10 days of receipt of the request, or the deadline under applicable law.
- Include in each electronic communication Your valid physical mailing address or a link to that information.
- Do not send electronic communications to addresses obtained from purchased or rented lists.
- Do not use third-party electronic addresses, domain names, or mail servers without proper permission from the third party.
- Do not routinely send electronic communications to non-specific addresses (e.g., email@example.com or firstname.lastname@example.org).
- Do not send electronic communications that result in an unacceptable number of spam or similar complaints (even if the electronic communications themselves are not actually spam).
- Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
- Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
- Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
- Do not send to lists of addresses that are programmatically generated or scraped from the Web.
- Do not employ sending practices, or have overall message delivery rates, which negatively impact First Page Sites and Services or other users of First Page Sites and Services.
- Do not use First Page Sites and Services to send messages that may be considered junk mail. Some examples of this type of message include messaging related to penny stocks, gambling, multi-level marketing, direct-to-consumer pharmaceutical sales, payday loans, etc.
- Do not contact consumers whose telephone numbers are on the Federal or any State Do-Not-Call lists, without the appropriate exemption, or consent from the consumer to do so.
- Always immediately mark as Do-Not-Call the telephone number of any contact or consumer who has requested not to be contacted and do not contact them again. Such phrases which shall prompt to add such a consumer’s telephone number to an internal Do-Not-Call list shall include, but shall not be limited to: “place me on a do not call list;” “stop calling/texting me;” “remove me from the list,” etc.
COMPLIANCE WITH LAW. Your use of First Page Sites and Services must comply with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to You, First Page, and any recipient to whom You use First Page Sites and Services to send Digital Messages (“Applicable Law”). You have the responsibility to be aware of and understand all Applicable Laws and ensure that You and all Users of Your Account always comply with Applicable Laws. You agree to abide by all applicable telemarketing laws and regulations at the Federal, State, and local levels. Among others, these shall include the Telephone Consumer Protection Act (“TCPA”) which is administered by the Federal Communications Commission, as well as the Telemarketing Sales Rule (“TSR”) which is administered by the Federal Trade Commission. Other examples of Applicable Laws include the U.S. CAN-SPAM ACT, The E.U. Directive of Privacy and Electronic Communications, the U.K. Privacy and Electronic Communications (EC Directive) Regulations 2003; the Canada Anti-Spam Law (CASL), and/or any similar law, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws.
COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use First Page Sites and Services to store, distribute or transmit any malware or other material that You know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or commit (or promote, aid or abet) any behavior, which You know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive. Examples may include Digital Messages that, themselves are, or promote racism, homophobia, or other hate speech.
SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content You upload to First Page or First Page Sites and Services, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
If You have any questions or complaints concerning any of the Terms, You may contact First Page by e-mail at support@FirstPageCorp.com, or by regular mail at 5348 Vegas Dr. Suite 149, Las Vegas, NV 89108.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XXIII. Digital Millennium Copyright Act
If You believe that materials or content available on any First Page website infringes any copyright You own, You or Your agent may send First Page a notice requesting that First Page remove the materials or content from the First Page website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send First Page a counter-notice. Notices and counter-notices should be sent to First Page Corporation, Attention Legal Department, at 5348 Vegas Dr. Suite 149, Las Vegas, NV 89108, or by email to support@FirstPageCorp.com.
XXIV. Arbitration, Governing Law, and Attorneys’ Fees
A. ARBITRATION. Any claim or grievance of any kind, nature, or description that You have against First Page including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Las Vegas, Nevada. You agree not to file suit against First Page or any of its affiliates, subsidiaries, officers, directors, employees, successors or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and First Page. In the event that You and First Page are unable to reach an agreement on an Arbitrator, You and First Page will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Las Vegas, Nevada. The arbitrators selected by You and First Page will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and First Page and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Nevada without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against First Page to be brought on a class action basis or any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against First Page may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents First Page from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect First Page’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or First Page commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorney’s fees incurred on the motion to compel from the other Party.
XXV. Changes to Terms
First Page reserves the right to change these Terms, in whole or in part, from time to time at First Page’s sole and absolute discretion, and to provide You with notice of such changes by any reasonable means, including without limitation posting revised Terms to the following site: https://FirstPageCorporation.com/terms-of-service. First Page encourages You to regularly review the Terms to ensure that You are aware of any changes. By Your continued use of First Page Sites and Services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
XXVI. SeverabilityIf any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.XXVII. Waiver
No waiver by First Page of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
You acknowledge that First Page is an independent contractor and neither First Page nor any of First Page’s directors, officers, agents, employees, or affiliates is or shall be deemed employed by You. First Page reserves the right to determine the method, manner, and means by which First Page Services will be performed. First Page and its directors, officers, agents, employees, and affiliates are not required to perform First Page Services for You during any particular hour of the day or night, and the time spent providing First Page Services is at First Page’s discretion. You further acknowledge that First Page is not required to devote its full time or the full time of any of its directors, officers, agents, employees, or affiliates to the performance of First Page Services, and You acknowledge that First Page has other clients and that it offers First Page Services to the general public. The order and sequence in which First Page Services are to be performed shall be under the control of First Page and its agents, employees, and affiliates, and not under Your control.
Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
XXX. Separate Agreements
You may acquire products, services, and/or content from First Page. First Page reserves the right to require that You agree to separate agreements as a condition of Your use and/or purchase of such products, services, and/or content
Any notice required to be given to First Page under or related to these Terms must be in writing, addressed as follows:
First Page Corporation
5348 Vegas Dr. Ste 149
Las Vegas, NV 89108-2347
Notices to You may be made by posting a notice (or a link to a notice) on https://firstpagecorporation.com/terms-of-service, by e-mail, or by regular mail, at First Page’s discretion.