This agreement (the "Agreement") is a legal agreement between you, either an individual or a single legal entity ("You" or "you"), and First Recovery Ltd (“FRL”), owners of Business Recovery Information Online ("BRIO"). This Agreement governs your use of all BRIO websites/systems for the storage and management of Disaster Recovery Plans (“Service”)
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless FRL and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.
The Service is made available to you only for your personal use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Service, including but not limited to selling or distributing the Software and/or Service to any third party. Please contact info@firstrecovery.co.uk for permission to resell the Service.
You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password, you may not be able to access the Service.
The Service may collect certain non-personally identifiable information that resides on your computer, including, without limitation, statistics relating to how often Plan updates are saved, number of plans stored per user and number of Invited Users per plan. This information collected will be sent to FRL and may be used by FRL without restriction. By the Creation and Updating of Plans via the Service, you agree that we may copy and store such data as part of the Service.
FRL reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof in its sole discretion with or without notice.
FRL will use commercially reasonable efforts to notify you of modification, suspension, or discontinuance of the Service either by sending an email to the email address you provide with your registration or by a posting on the firstrecovery.co.uk website. However, in no event will FRL be liable to you or to any third party for any modification, suspension or discontinuance of the Service with or without notice.
FRL reserves the right at any time to modify this Agreement in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 15 days after the posting of any amended terms on the firstrecovery.co.uk website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must close your account immediately.
Please review the most current version of this Agreement from time to time, located at www.firstrecovery.co.uk (or such successor URL as FRL may provide)
You acknowledge that FRL or third parties own all right, title and interest in the Service, portions thereof, or software or content provided through or in conjunction with the Service, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Service are reserved, and no implied licenses are granted by FRL.
If you have comments on the Service or ideas on how to improve them, please email us info@firstrecovery.co.uk. Please note that by doing so, you also grant FRL a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Service (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation.
The service and any third party software and services are provided "as is," with no warranties whatsoever. FRL and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights and any warranties regarding the security, reliability, timeliness, and performance of the service and such third party services.
Under no circumstances shall FRL, or its suppliers, resellers, partners or their respective affiliates be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the service, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if FRL has been advised of the possibility of such damages).
Without limiting the foregoing, the total aggregate liability of FRL, and its suppliers, resellers, partners and their respective affiliates arising from or related to this agreement shall not exceed the amount, if any, paid by you to FRL for the Service. if the service is provided without charge, then FRL and its suppliers shall have no liability to you whatsoever.
The foregoing limitations of liability shall apply whether the damages arise from use or misuse of and reliance on the service, from inability to use the service, or from the interruption, suspension, or termination of the service (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
This agreement will be governed by and construed in accordance with English law, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
The failure of FRL to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
This Agreement, which incorporates the BRIO Privacy Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by FRL.
You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of FRL. FRL may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.
Where appropriate, FRL charge the published fee per Plan under management for the agreed/fixed time period. Early termination of the service by You will not lead to a refund. In addition disabling a plan will not delay the expiration date of the Plan. All plans can be renamed and assigned to different Administrators at any time. All enquiries relating to Payments should be sent to accounts@firstrecovery.co.uk.
This Agreement is effective upon registration for FRL services and remains in effect until the users' account is terminated.
You may terminate this Agreement at any time by closing your account by following the instructions on the FRL website. Note that if you have granted Administrator Access to another user this Plan will not be deleted as a result of your account closure.
This Agreement automatically terminates if you fail to comply with its terms and conditions. FRL reserves the right to refuse or discontinue participation to any user at any time at its sole discretion.
You agree that, upon such termination your access rights to the Service will immediately terminate.
The terms of the Sections entitled Consent to Collect Non-Personal Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination.
Users with questions about this Agreement or the Privacy Policy may contact FRL via email: info@firstrecovery.co.uk.