Terms & Conditions
This Agreement was last revised on June 6, 2018.
1. Use of Our Service.
The Service is a place that offers online resources, products and information on brushfire and ember suppression, shielding, and reduction. The Service makes products available for purchase directly from us which are manufactured by Fire Brake Solutions. The Service may also provide information on complementary products manufactured by third parties and links to purchase such products on third-party sites.
Fire Brake Solutions grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
Use of the Service is void where prohibited. This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. Fire Brake Solutions may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO THE REGISTRATION OF YOUR CHILD WHO IS 13 YEARS OF AGE OR OLDER WITH THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO, THROUGH, AND IN CONNECTION WITH SUCH REGISTRATION AND USE.
3. Term and Termination. This Agreement shall remain in full force and effect while you use the Service. You may cease using the Service at any time for any reason.
Fire Brake Solutions may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Fire Brake Solutions’ sole determination, you violate any of terms of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with an email address that is not rightfully yours.
a. Email Address. When you sign up to receive our newsletter, or if you elect to purchase a Product, you will also be asked to supply your email address. You agree that the email address you submit is your own, and you agree not to use the email address of another person at any time. You agree to notify Fire Brake Solutions immediately if you suspect any unauthorized use of your email address by Fire Brake Solutions. Although Fire Brake Solutions will not be liable for your losses caused by any unauthorized use of your email address, you shall be liable for the losses of Fire Brake Solutions or others due to such unauthorized use.
b. Communications and Notifications. By providing Fire Brake Solutions with your email address, you consent to our use of the email address to send you Service-related notices, including, among other things, notices required by law, in lieu of postal mail. We may also use your email address to send you other messages, including changes to Fire Brake Solutions features, marketing messages, and special offers. If you do not want to receive such email messages, you may opt-out by clicking on the “unsubscribe” link at the bottom of the email or by sending mail to the following postal address:
Fire Brake Solutions
5310 Onyx Street
Torrance, CA 90503
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
5. Non-commercial Use by Users. The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or expressly approved in writing by Fire Brake Solutions. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the Fire Brake Solutions servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Illegal and/or unauthorized use of the Service, including collecting and/or harvesting personally identifiable information, including usernames and/or email addresses of Users, by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the website is prohibited. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. Appropriate legal action will be taken for any illegal or unauthorized use of the Service.
6. Billing and Payments.
a. General. You acknowledge that Fire Brake Solutions may charge a fee for the use of any Services, provided that Fire Brake Solutions notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you. User agrees to pay for all products ordered through the Website using the payment method indicated and provides Fire Brake Solutions and its third party payment processor express authorization to charge said fees to the User’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Fire Brake Solutions products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, Fire Brake Solutions may immediately cease to provide any and all Deliverables to the User.
When ordering a Product from our Service, you must provide accurate and complete information as requested in order for us to process your transaction. It is the User’s responsibility to promptly provide Fire Brake Solutions with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made by contacting us at [email@example.com]. Fire Brake Solutions does not validate all credit card information required by the User’s payment provider to secure payment.
Some orders may be charged, fulfilled and processed by an authorized third party partner of Fire Brake Solutions, in which case any refunds, charge-backs, returns or product substitutions will be subject to the discretion and policies of such third-party provider.
All sales are final, non-cancelable and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.
b. Prices. All prices specified on the Service are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.
c. Shipping. Any tangible property purchased through the Service will be shipped FOB Shipping Point. Title to such products purchased by you from the Service passes from Company (or, as applicable, from the Company’s authorized third-party fulfillment provider) to you upon shipment. Shipping rates and estimated delivery times are posted on the Service and are made available to you prior to completing your purchase. Standard shipping is customarily included in each Deliverables purchase. You can elect to expedite shipping by paying additional fees.
In the event you do not receive your order, please contact us by email at firstname.lastname@example.org, and Fire Brake Solutions will either: (i) re-send the Deliverables at no additional costs to you, (ii) provide you with store credit for the amount of your purchase plus free shipping, or (iii) fully refund your order cost.
d. Discrepancies. The User must notify Fire Brake Solutions about any billing problems or discrepancies within thirty (30) days after charges first appear on their account statement. If it is not brought to Fire Brake Solutions’ attention within 30 days, User agrees to waive their right to dispute such problems or discrepancies.
e.Taxes. User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the User’s purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
f. Returns. All tangible merchandise which meets the condition requirements as outlined herein, other than special orders and as otherwise noted by Company, may be returned to us (or as applicable, to the Company’s authorized third-party fulfillment provider) for the issuance of a replacement item so long as your original merchandise is received by us (or as applicable by the Company’s authorized third-party fulfillment provider) within 30 days of the date of your receipt of your initial order. All orders are final after 30 days.
i. Return Process. In order to return a Product, you must request an RMA (Return Material Authorization) which includes a return packing slip for your Delivered item(s), indicating the reason for the return within 30 days. If you need to return an item, please contact us at email@example.com for return instructions. No merchandise can be returned without an RMA and a return packing slip.
ii. Return Shipping. You are responsible for paying shipping back to the designated location for returned items unless such item is being returned due to a product defect or error by Company or, as applicable, by the Company’s authorized third-party fulfillment provider.
iii. Condition of Items. Your return will be processed after we have received your return of the qualifying Product. In order for Fire Brake Solutions to accept your return with a 10% restocking charge to you, an item must be in new condition, and must be in the original packaging. Returns will be returned to you if the Products exhibit any obvious signs of use, or are not in the condition in which they were received.
iv. Inspection. All merchandise must be inspected by you upon delivery. In the event your order arrives damaged, please take photos of the defect when inspecting your order and contact us via e-mail at firstname.lastname@example.org and Company within 7 days after receipt of order, in its discretion, may elect to re-send the merchandise to you at no charge, provide you with store credit for a future purchase, or refund the amount charged to your credit card if a production defect is found.
v. Incorrect Merchandise. Contact us via e-mail at email@example.com if you received an item different than what was described on the website or is different than what you ordered.
7. License Grant.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Fire Brake Solutions reserves all rights not expressly granted herein in the Service and the Content (as defined below). Fire Brake Solutions may terminate this license at any time for any reason or no reason.
8. Our Proprietary Rights.
a. Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
b. Content. Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Fire Brake Solutions and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
c. Ideas and Comments. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Fire Brake Solutions under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Fire Brake Solutions does not waive any rights to use similar or related ideas previously known to Fire Brake Solutions, or developed by its employees, or obtained from sources other than you.
9. User Content and User Content Responsibility.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined above), rights of publicity and privacy. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
b. Responsibility for User Content. Fire Brake Solutions takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. In the event that you elect to download User Content, Fire Brake Solutions recommends that you only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants. Fire Brake Solutions disclaims any responsibility or liability relating to your access to or downloading of User Content. Fire Brake Solutions is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Fire Brake Solutions shall not be liable for any damages you allege to incur as a result of such User Content.
10. Informational Purpose
The Content is for informational purposes only. Never disregard professional advice or assistance, or delay in seeking it, because of something you have read, viewed, and/or heard on or through the Fire Brake Solutions Service! It is your responsibility to protect your property from fire damage. While Products and information offered on the Service are aimed at brushfire and ember suppression, such information and Products alone are not substitutes for proper property safety. Reliance on any information provided by Fire Brake Solutions, its employees, others appearing on the Service at the invitation of Fire Brake Solutions, or other visitors to the Service is solely at your own risk. If you think your property may be at risk of fire and/or loss, call your local fire department immediately for assistance. In the event you may have a medical emergency, call your doctor or 911 immediately.
11. Additional Representations and Warranties.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
b. Your User Content and Fire Brake Solutions’ use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
12. DMCA Copyright Policy. You may not post, modify, distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Fire Brake Solutions to terminate usage privileges of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Fire Brake Solutions by the copyright owner or the copyright owner’s legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Fire Brake Solutions Service in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Fire Brake Solutions Service; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please provide this information to:
Fire Brake Solutions
5310 Onyx Street
Torrance, CA 90503
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Fire Brake Solutions and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Fire Brake Solutions’ rights and obligations under the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Fire Brake Solutions has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, Users who are deemed to be repeat infringers. Fire Brake Solutions may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13. Mobile Use
Fire Brake Solutions makes available a version of its Service for use with mobile devices (the “Application”). You acknowledge that certain services, such as offers, location-based services, and service-related information (such as the availability of Fire Brake Solutions Application updates), may be provided from time to time in the form of text (SMS) messages delivered to your registered mobile device instead of directly through the Application. By registering your mobile device or providing us with your mobile phone number, you agree to receive such SMS-based communications to the mobile number associated with your registered mobile device. To opt-out of receiving these SMS-based communications, follow the instructions in the body of the SMS message. In the event you elect to opt-out of such SMS-based communications, you may receive an additional message from the Service confirming your election. Fire Brake Solutions does not warrant that the text messaging service will be uninterrupted or error-free.
Though you may access the Service via a mobile device, Fire Brake Solutions shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of Fire Brake Solutions such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
Fire Brake Solutions has implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
Fire Brake Solutions has engaged a third party provider in connection with hosting the Service, which has also implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk. If, for any reason whatsoever, the arrangement between Fire Brake Solutions and its hosting third-party provider is or is about to be terminated and Fire Brake Solutions has been unable to enter into a corresponding arrangement with another hosting provider for provision of the Services that is satisfactory to Fire Brake Solutions in its sole discretion, Fire Brake Solutions shall be entitled to terminate this Agreement on fifteen (15) days’ notice. Neither party shall be deemed to be in breach of this Agreement as a result of termination pursuant to this paragraph.
16. Third-Party Websites, Advertisers or Services.
Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Fire Brake Solutions shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless Fire Brake Solutions and its subsidiaries, agents, and other affiliated companies, and the employees, contractors, agents, officers and directors of each, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
18. No Warranty.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FIRE BRAKE SOLUTIONS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
FIRE BRAKE SOLUTIONS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FIRE BRAKE SOLUTIONS SERVICE AND FIRE BRAKE SOLUTIONS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIRE BRAKE SOLUTIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. FIRE BRAKE SOLUTIONS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL FIRE BRAKE SOLUTIONS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIRE BRAKE SOLUTIONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, INCLUDING VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE SERVICE, OR OTHERWISE IN CONNECTION WITH THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FIRE BRAKE SOLUTIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FIRE BRAKE SOLUTIONS HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FIRE BRAKE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
PLEASE READ THIS SECTION CAREFULLY. IT INCLUDES A MANDATORY ARBITRATION PROVISION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS SECTION ALSO INCLUDES A JURY WAIVER.
You and Fire Brake Solutions agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, the Products, any breach, enforcement, or termination of these Terms, or otherwise relating to Fire Brake Solutions in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 20.
a. Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
b. Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of California, without regard to conflict of laws principles, will govern all Covered Matters.
d. Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Fire Brake Solutions user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
e. Exceptions. There are only two exceptions to this arbitration agreement:
(1) First, if we reasonably believe that you have in any manner infringed upon or violated or threatened to violate or infringe any of Fire Brake Solutions’ Intellectual Property Rights, privacy rights, publicity rights, or data security, in which case you acknowledge that there may be no adequate remedy at law and we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
(2) Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
f. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, Fire Brake Solutions will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Fire Brake Solutions is relieved of its obligation to reimburse you for any fees associated with the arbitration.
h. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Fire Brake Solutions must be resolved exclusively by a state, federal, or small claims court located in Los Angeles County, California. You and Fire Brake Solutions agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
i. Opt-Out. IF YOU ARE A NEW USER OF THE SERVICE, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@FIREBRAKESOLUTIONS.COM (“OPT-OUT NOTICE”) OR VIA U.S. MAIL TO: Fire Brake Solutions, 5310 Onyx Street, Torrance, CA THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW USER OF THE SERVICE, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
l. STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICE, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
21. Availability and Use Outside of the United States.
The Service is controlled and operated from facilities in the United States. Fire Brake Solutions makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States. Notwithstanding the foregoing, Fire Brake Solutions retains all rights, including all Intellectual Property Rights, to the Service and the Content therein, throughout the world.
22. Notification Procedures.
Fire Brake Solutions may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Fire Brake Solutions in our sole discretion. Fire Brake Solutions reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
23. Notice to California Users.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
“Fire Brake Solutions”, “Flame Brake”, “Emberella” and other Service graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Fire Brake Solutions LLC. Fire Brake Solutions’ trademarks and trade dress may not be used in connection with any product or service that is not Fire Brake Solutions’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fire Brake Solutions. All other trademarks not owned by Fire Brake Solutions that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fire Brake Solutions.
a. Entire Agreement. This Agreement, together with any other legal notices and agreements published by Fire Brake Solutions via the Service, shall constitute the entire agreement between you and Fire Brake Solutions concerning the Service.
b. No Waiver. Fire Brake Solutions’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
c. Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
d. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fire Brake Solutions without restriction.
e. Severability. If any provision of this Agreement is unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding this Agreement, please contact us at email@example.com.
Need assistance? Call our support team at (310) 989-6532 and someone will be in touch within 24 hours!
Fire Brake Solutions is a company dedicated to the safety of its community, professionals, and loved ones. We know the devastation wildfires wreak on vegetation, homes, and families, which is why we have developed a solutions-based product line to secure and offer peace of mind to individuals living and/or fighting in dangerous fire zones.
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