Terms & Conditions

Last Modified: March 1st, 2022

1. Acceptance of the Terms and Conditions. These Myfirstech Terms of Service (Terms) are entered into by and between you and Firstech, LLC, a Washington limited liability company (Firstech). The Terms govern your access to and use of the Firstech website www.myfirstech.com and all of its subpages (collectively, the Website), the automotive products sales and support platform accessed via the Website (the Platform), including any content, functionality, and services offered on or through the Website or Platform (collectively, the Services) (Website, Platform, and Services shall be collectively referred to herein as the Technology).

Please read the Terms carefully before you start to use the Technology. By accessing or utilizing any of the Technology, you accept and agree to be bound by these Terms, the Firstech Privacy Policy (Privacy Policy), and any other policies provided on or via the Technology (collectively, the Policies), and are incorporated herein by reference. If you do not agree to be bound by the Policies, you must not access or use any of the Technology.

2. Eligibility. The Technology is offered and available only to: (a) users who are 18 years of age or older; and (b) employees or owners of Firstech’s authorized dealers, namely a business purchasing Firstech’s goods or services directly from Firstech or a Firstech authorized distributor (collectively, Users). By using any of the Technology, you represent and warrant that you are a User. If you are not a User, you must not access or use any of the Technology.

3. User Accounts.

3.1 User Account License. To access or use the Platform, you will be asked to provide certain registration details or other information. You agree that all information you provide to register your Platform account (Account) is current, complete, and accurate. Upon completion and registration of your Account, Firstech will grant you and any persons to whom you wish to provide access to your Account who also qualifies as a User (collectively, Authorized User(s)) a license to access and use the Technology (the User License). No User License may be bought or sold. A User’s User License will be conditional upon such User’s compliance with the Policies. Firstech reserves the right to disable any Account at any time in Firstech’s sole discretion for any or no reason, including if, in Firstech’s sole opinion, a User have violated any provision of the Policies.

3.2 Account Username and Password. If a User is provided with an Account user name, password, or any other piece of information as part of Firstech’s security procedures, the User must treat such information as confidential, and must not disclose it to any other person or entity without Firstech’s prior authorization. Each User also acknowledges that their Account is personal to them and agree not to provide any other person with access to the Technology unless otherwise approved by Firstech or this Privacy Policy. You also agree to notify Firstech immediately, as provided in Section 16.7 of these Terms, of any unauthorized access or use of your Account. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

4. Orders.

4.1 Orders and Acceptance. Firstech reserves the right to accept or reject any order of product(s) made via the Technology (collectively, the Products). By submitting an order on or via the Technology, you represent and warrant that all personal information you have provided for the order is valid.

4.2 Pricing and Product Descriptions. When you place a Product order on the Platform, you agree to the price and terms indicated on the Platform at the time of purchase. The pricing and availability of all Products on the Platform are subject to change at any time at Firstech’s sole discretion. All Product prices on the Platform are listed in U.S. Dollars. Product prices on the Technology do not include shipping or handling, if any, which will be indicated at the time of purchase. Firstech maintains no responsibility for inadvertent errors on Product pricing or availability on the Technology.

4.3 Lack of Product Availability; Backordering. If any Product ordered on the Technology becomes unavailable after such Product order has been placed, Firstech will backorder the specific Product, process and ship other available Product(s) in the order, and then ship the backordered Product to you once available. Firstech will contact you with an estimated date of delivery for any backordered Product.

4.4 Replacement Parts. Firstech strenuously recommends that you only order replacement product parts from the Technology that are listed as being appropriate for the Product in question. Firstech does not warrant or covenant that it will supply any replacement parts for any Product.

5. Myfirstech Rewards Program. The Website may reference, and provide the means to register in, Firstech’s Myfirstech Rewards Program (Program). The Program is Firstech’s rewards program that allows qualified dealers, installers, and salespersons to earn monetary rewards from the sale of Products. To enroll in the Program, you must create a Stripe Account and agree to Stripe’s terms and conditions (available here). Under the Program, Firstech reserves the right to: (a) modify or amend the terms of the Program at any time; (b) apply a processing fee for any Program reward payout; (c) terminate the Program and cancel all future reward payouts at any time; and (d) apply Program reward payouts towards any outstanding balance on your account. Firstech does not guarantee that any eligible Product sale will result in a Program rewards payout.

6. Prohibited Activities and Uses. You may only use the Technology for lawful purposes and in accordance with the Policies. You may not use the Technology:

7. Termination. Firstech reserves the right to: (a) disclose your identity or other information about you to any third party who claims that material posted by you on the Technology violates their rights, including without limitation their intellectual property rights or right to privacy; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of any of the Technology; or (c) terminate or suspend your Account, and access to any part of the Technology, for any violation of the Policies.

8. Intellectual Property.

8.1 User Proprietary Rights. Any content or information provided by You to the Platform or Website (collectively, User Content) that you own or have rights to use will remain your sole and exclusive property. You will be solely responsible for the accuracy, quality, integrity, reliability, appropriateness, legality, ownership and rights of use of all User Content. You hereby grant to Firstech a worldwide, non-exclusive, irrevocable license to use User Content as necessary to operate or maintain your Account and the Technology.

8.2 Firstech’s Proprietary Rights. With the exception of User Content, Firstech owns, licenses or lawfully uses all of the content contained on the Technology, including, without limitation: (a) any text, data, information, software, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the Content); (b) any know-how, methodologies, equipment, or processes used by Firstech to provide the Technology (collectively, the Procedures); and (c) any trademarks, service marks, trade dress, i.e., logos and the look and feel of the Technology including their visual design elements and expression (collectively, the Marks). The Content, Procedures and Marks are provided to you on the Technology “as-is” solely for your purchase of Products. All rights not granted under this subsection of the Terms are expressly reserved.

8.3 Protection of User Content. You understand and agree that Firstech cannot be responsible for security of User Content or the validity of the content posted by any third party on the Technology. You acknowledge and agree that your use of the Technology is at your own risk.

8.4 Intellectual Property Complaints. Firstech respects the intellectual property rights of others, and requires that people who use the Technology, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a notice with the following information to Firstech’s Copyright Agent (as designated pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)) via mail or e-mail as provided below:

• Your address, telephone number, and email address;
• A description of the copyrighted work(s) that you claim have been infringed;
• A description of where the alleged infringing material(s) are located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that all of the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s).

Copyright Agent:

9. Third Parties.

9.1 Third-Party Links. The Technology may link to third-party websites and applications that are not owned or controlled by Firstech. Firstech has no control over, and assumes no responsibility for, without limitation, the content, terms of use, privacy policies or practices of any third-party website or application. By using any of the Technology, you expressly relieve Firstech from any and all liability arising from your use of any third-party website or application accessed from the Technology. You acknowledge and agree that Firstech will not be a party to or in any way be responsible for monitoring any interaction between you and any third-party website or application linked from the Technology.

9.2 Third-Party Content. Content on third-party website or application linked from the Technology (collectively, Third-Party Content) is made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded or otherwise exploited without the authorization of such third-party website or application owner. Firstech is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Third-Party Content. Firstech does not endorse any content, opinion, recommendation or advice expressed in any Third-Party Content. Firstech expressly disclaims any and all liability arising out of or relating to: (a) your use of any Third-Party Content; and (b) any Third-Party Content that is inaccurate, offensive, indecent, or objectionable. You expressly waive any legal or equitable rights or remedies you have or may have against Firstech and will indemnify and hold Firstech harmless to the fullest extent allowed by law regarding all matters related to your access and use of Third-Party Content.

9.3 Third-Party Product and Service Providers. Firstech may use third-party product and service providers to assist in the operation of the Technology including without limitation hosting, networking, storage, and provision of related technology required to provide and operate the Technology (collectively, Third-Party Providers). Firstech will make a good faith effort to notify and assist in remedying any failure of any Third-Party Provider to sufficiently provide any such services, but Firstech will not be liable to you for any failure of a Third-Party Provider to provide any such service to the Technology.

9.4 Third-Party Software. The Technology may include various third-party software components or software services (collectively, Third-Party Software) that are provided to you under separate license terms with owners of such Third-Party Software owners (Third-Party Terms). You are permitted to use Third-Party Software in conjunction with the Technology, provided that such use is consistent with the Policies, and applicable Third-Party Terms. All other uses of Third-Party Software are expressly reserved.

9.5 Interoperation. The Technology may also enable interoperation with certain third-party operating systems and applications not included or authorized by Firstech. Firstech does not provide you with any licenses to such third-party operating systems and applications, and it is solely your responsibility to obtain all necessary licenses for such third-party operating systems and applications from their owners’ respective vendors.

10. Linking.

10.1 General Requirements. You may link to the Website in any social media or online postings, provided, you do so in a way that: (a) is fair, accurate and legal; (b) does not damage Firstech’s reputation; and (c) does not establish a link in such a way as to suggest any form of association, approval, or endorsement by Firstech or its agents where none exists.

10.2 Linking Functionality. The Technology may provide certain social media features (collectively, Linking Features) that enable you to: (a) link from your own or a third-party website to certain content on the Technology; (b) send emails or other communications with certain content, or links to certain content, on the Website or Platform; and (c) cause limited portions of content on the Technology to be displayed or appear to be displayed on your own or a certain third-party website. You may use Linking Features solely as they are provided by Firstech, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Firstech may provide with respect to such features. Subject to the foregoing, you must not: (i) cause the Website, Platform, or portions thereof to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (ii) link to any part of the Platform or the Website (other than the homepage); and (iii) otherwise take any action with respect to the materials on the Technology that is inconsistent with any other provision of the Policies. The website from which you are using the Linking Features must comply in all respects with the Policies.

11. Warranties, Representations, and Covenants; Limitations.

11.1 Warranties, Representations, and Covenants. You warrant, represent, and covenant to Firstech that you: (a) are a User; (b) are eighteen (18) years of age or older and are fully able and competent to enter into, accept and comply with the Policies; (c) will not modify, adapt, or access any portion of the Technology by means not expressly authorized by Firstech; (d) will not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Technology without the express written permission of Firstech; (e) will not use or access the Technology for any purpose that is unlawful or prohibited by the Policies; (f) will take reasonable measures to protect your Account information and any other information concerning your User Account; and (g) will use the Technology in accordance with applicable laws and regulations.

11.2 Warranty Disclaimer. The Technology is provided to you “as is”, and Firstech disclaims any and all other warranties pertaining to the Technology, whether express, implied, or statutory including, without limitation, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, title, or non-infringement of third-party rights, to the fullest extent authorized by law. Firstech expressly does not warrant that: (a) the Technology or any information or documentation obtained from the same is accurate and up-to-date; (b) the Technology will meet your requirements and expectations; (c) operation of the Technology will be uninterrupted, timely, secure, or error-free; (d) defects or errors in any of the Technology will be corrected; (e) the Technology will be compatible with your devices; and (f) any information or data stored or transmitted through the Technology will not be lost, corrupted, or destroyed. You shall bear the entire risk as to the quality and the performance of the Technology.

12. Availability. Firstech reserve the right to amend, restrict, or terminate the Technology, in whole or part, in its sole discretion without notice. Firstech will not be liable if for any reason any or all of the Technology is unavailable at any time or for any period.

13. Product Indemnification and Limitation of Liability.

13.1 Product Indemnity. You agree to indemnify, defend and hold Firstech, and Firstech’s officers, directors, members, employees, agents and subcontractors harmless from and against any and all losses that you or your Authorized Users may incur as a result of (a) your or your Authorized User’s willful negligence or gross misconduct; (b) your use of a Product outside of its intended purpose, as detailed without limitation in any technical information, guide, instruction manual, or other documentation or communication as provided on the Technology or accompanying the Product itself; or (c) your or your Authorized User’s acts or omissions constituting a material breach of these Terms.

13.2 Limitation of Product Liability. Firstech shall not be responsible for any damage resulting from use of any Product. In no event shall Firstech or any of its suppliers, retailers, or agents have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even Firstech has been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of any good or service therefrom. Unless as otherwise detailed in any of the Policies, Firstech’s sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever arising from the Products, shall be limited to the actual amount paid by you for the Product(s) you have ordered through the Platform.

14. Technology Indemnification and Limitation of Liability.

14.1 Technology Indemnity. You agree to indemnify, defend, and hold Firstech and Firstech’s officers, directors, shareholders, managers, members, employees, licensors, licensees, affiliates, agents and contractors harmless from any and all third-party claims, damages, obligations, losses, violations, liabilities, costs or debt, and expenses, including but not limited to attorney’s fees and costs, arising from: (a) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; (b) any damage to a third party arising from your use of any of the Technology; or (c) your act or omission on the Technology constituting a violation of applicable law or regulation. Your obligations under this section of the Terms shall survive these Terms and your use of any of the Technology.

14.2 Damage Limitations. In no event will Firstech be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from: (a) your use or misuse of any of the Technology; (b) personal injury or property damage of any kind resulting from your use of any of the Technology; (c) conduct of any third party on the Technology; (d) unauthorized access to data storage facilities or equipment owned, leased or used by Firstech; (e) interruption, unavailability or errors associated with any of the Technology; or (f) bugs, viruses, or similar code which may be transmitted to or through any of the Technology. The foregoing limitations of liability apply to the fullest extent permitted by law. In no event shall Firstech or any of its suppliers, retailers, or agents have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of any good or service therefrom. Unless as otherwise detailed in any of the Policies, Firstech’s sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for Product(s) you have ordered through the Platform.

15. Changes to the Terms and Policies. Firstech may revise and update the Policies, from time-to-time in its sole discretion. All changes are effective immediately upon Firstech’s posting, and apply to all access to and use of the Technology thereafter. Your continued use of any of the Technology following the posting of the revised Policie(s), in whole or part, means that you accept and agree to changes to such Policie(s). You are expected to check the Policies frequently so you are aware of any changes, as they are binding on you.

16. General Terms.

16.1 Governing Law and Jurisdiction; Venue. All matters relating to the Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. You and Firstech will conduct friendly negotiations to resolve any dispute arising from or out of the Terms, which may include mediation if requested by any party. Should mediation fail, you and Firstech irrevocably consent to resolve any dispute or conflict arising out of or relating to the Terms by binding arbitration in Seattle, Washington by one (1) arbitrator at JAMS Alternative Dispute Resolution, and in accordance with the American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures. Any judgment resulting from such a proceeding will be enforceable in any applicable state or federal Court. The party substantially prevailing in any such proceeding will be entitled to recover all costs and expenses of such proceeding, including reasonable attorney’s fees and costs.

16.2 Assignment. These Terms will be binding on and inure to the benefit of the parties hereto and their respective successors, assigns, heirs and personal representatives. Except as otherwise provided herein, you shall not assign or transfer any right or obligation under this Terms without the prior written consent of Firstech, and any attempted assignment without Firstech’s prior written consent will be null and void. Firstech may transfer any rights or obligations under these Terms without your prior consent, written or otherwise.

16.3 Relationship of the Parties. You and Firstech agree that no joint venture, partnership, employment, or agency relationship exists between you and Firstech as a result of the Terms, or your use of any of the Technology.

16.4 Completeness and Severability. The Terms constitutes the entire agreement between you and Firstech concerning your use of the Technology. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms which remain in full force and effect.

16.5 Other Definitional Terms, Terms of Construction. The words hereof, herein and hereunder and words of similar import when used in the Terms refer to these Terms as a whole and not to any particular provision of these Terms. The words include, includes and including shall be deemed to be followed by the phrase without limitation. Unless the context in which used herein otherwise clearly requires, or has the inclusive meaning represented by the phrase and/or. All incorporations by reference of covenants, terms, definitions or other provisions from other agreements are incorporated into these Terms as if such provisions were fully set forth herein, and include all necessary definitions and related provisions from such other agreements. References to statutes, regulations, or laws, include any amendments, modifications, or replacements of such statutes, regulations, or laws.

16.6 Waivers. A waiver of any term of these Terms will not be a further or continuing waiver of such term or any other term of these Terms, and Firstech’s failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.

16.7 Questions. Questions about these Terms, or the Technology, should be sent to Firstech at marketing@compustar.com, via phone (888) 820-3690, or via mail to Firstech, Attn: Myfirstech Terms of Service Questions, at 21903 68th Avenue South, Kent, Washington 98032.