Arvest Bank


TERMS AND CONDITIONS

These terms and conditions apply to the Firefly Marketing, LLC (“Firefly”) website located at www.fireflymktg.com, www.supplierlife.com, www.familylifenwa.com, or other associated domains, including all related pages (collectively, the “Site”). Please read these terms and conditions (the “Terms and Conditions”) carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. These Terms and Conditions govern your use of the Site and constitute an agreement between you and Firefly.


Typographical and Other Errors

Data may be inaccurately displayed on the Site due to system, typographical or other errors. We reserve the right to correct any and all errors when they do occur.


Privacy Policy

Please refer to our Privacy Policy for information on how Firefly collects, uses, and discloses personally identifiable information from its customers.


Site Content

The Site and all content and other materials, including, without limitation, the Firefly logo and all designs, text, graphics, pictures, selection, coordination, “look and feel,” information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Firefly or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.


Trademarks

Firefly, the entire Site (including text, design, graphics, interfaces, or code, and the selection and arrangement thereof), and any other product or service name or slogan contained in the Site are trademarks or registered trademarks of Firefly and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written consent of Firefly or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Firefly” or any other name, trademark, or product or service name of Firefly without our prior written consent. All other trademarks, registered trademarks, product names, and Firefly names or logos mentioned in the Site are the property of their respective owners.


Use of the Site

Unless otherwise specified, the Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, to place an order with Firefly, or to purchase Firefly products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Firefly, is strictly prohibited.

Harassment in any form on the Site is strictly prohibited, including via e-mail or by obscene or abusive language. Impersonation of others, including an employee of Firefly, host, or representative or other members or visitors on the Site is prohibited. The Site may note be used for unsolicited promotions, political campaigning, advertising or solicitations.


Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Firefly will investigate any notices of alleged infringement of any third party’s intellectual property and will take appropriate action under the DMCA and other applicable intellectual property laws, including, at Firefly’s sole discretion, barring repeat offenders from using the Site. Please send any notice of potential infringement to Firefly at the contact information provided below.


Third Party Links

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Firefly, Firefly has no control over these linked sites, all of which may have separate and independent privacy and data collection practices. Firefly has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Firefly sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Sites.


Advertisements and Promotions

Firefly may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Firefly, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Firefly is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Firefly advertisers on the Site.


Product Reviews and User Comments

The Site may include a product review feature and may include discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on the Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any message, data, information, text, music, sound, photos, video, graphics, code or other material (“User Content”) which is libelous, defamatory, obscene, abusive, inflammatory, fraudulent, threatening, invasive of privacy or publicity rights, illegal or objectionable, which may constitute or encourage a criminal offense, which includes viruses, corrupted dated or other harmful files, or which otherwise violates these Terms and Conditions.


Ownership and Responsibility for Submissions

Firefly takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. As a provider of interactive services, Firefly is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Firefly has the right but not the obligation to monitor and edit or remove any activity or content.

If you do post content or submit material, and unless we indicate otherwise, you grant Firefly a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Firefly and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Firefly for all claims resulting from content you supply. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Firefly’s systems and customers, or to ensure the integrity and operation of Firefly’s business and systems, Firefly may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Firefly’s right to disclose any such information shall govern over any terms of Firefly’s Privacy Policy.


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. Firefly reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.


Indemnification

You agree to defend, indemnify and hold harmless Firefly, its independent contractors, service providers, licensors, suppliers and consultants, and their respective directors, officers, employees, agents and equity holders, from and against any claims, losses, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any violation of these Terms and Conditions or any activity related to your use of the Site (including negligent or wrongful conduct).


Disclaimer of Warranty

THIS SITE, THE CONTENT CONTAINED THEREIN, AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH, INCLUDING ANY SOFTWARE (THE “PRODUCTS AND SERVICES”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FIREFLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, IN EACH CASE, AS TO THE INFORMATION, CONTENT, AND MATERIALS IN THE SITE. FIREFLY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, ADEQUATE, USEFUL, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY TO THE EFECT THEREOF. FIREFLY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


Limitation of Liability

IN NO EVENT SHALL FIREFLY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR EQUITY HOLDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FIREFLY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FIREFLY’S RECORDS, PROGRAMS OR SERVICES.


Applicable Law and Venue

These Terms and Conditions and your use of the Site will be governed by and construed in accordance with the laws of the State of Arkansas, applicable to agreements made and to be entirely performed within the State of Arkansas, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Benton or Washington County, Arkansas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from the Site, or these Terms and Conditions.


Modification and Notice

Firefly reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. You are responsible for regularly viewing the Terms and Conditions, and your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications.


Term and Termination

Your right to use or access the Site and each portion of the Site shall automatically terminate upon a violation of these Terms and Conditions. Notwithstanding any of these Terms and Conditions to the contrary, Firefly reserves the right, without notice, for any or no reason and in its sole discretion, to terminate your use this site or any portion of the Site (including the Interactive Areas) and to block or prevent future your access to and use of the Site or any portion of the Site. The provisions relating to Trademarks, Infringer Policy, Indemnification, Disclaimer of Warranty, Limitation of Liability, and Applicable Law shall survive any termination.


Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.


Questions & Contact Information

If you have any questions, please do not hesitate to contact us at tim@fireflymktg.com or (479) 401-2005