CLIENT’S ATTENTION IS DIRECTED TO SECTION 5 – LIABILITY LIMITATION; INDEMNIFICATION
Company provides certain informational or technical content, products, materials, documents and/or training services (hereinafter referred to as “Services”) to Client and related Users under this Agreement. ALL Terms and Conditions contained herein apply to ANY User of ANY Service offered by Higher Fire Life Safety Services LLC.
By accessing or using any part of Company Website or any Company Services online or onsite whatsoever, you agree to become bound by ALL of the terms and conditions of this Agreement.
If you do not agree to ALL terms and conditions — particularly those regarding liability and indemnification — DO NOT USE, YOU MAY NOT USE, YOU ARE NOT ENTITLED OR PERMITTED TO USE OR ACCESS Company Website, training programs, or ANY life safety training Services.
1. Definitions
“In writing” means signed written communication including email and electronic transmission.
“Loss” means all suits, claims, damages, expenses and attorneys’ fees arising from related events.
“Site” means ALL premises where Services are performed or accessed electronically or physically.
2. Term & Termination
This Agreement begins on the Effective Date and continues until terminated. Company may terminate access at any time, with or without notice. All provisions that should survive termination — including indemnity and limitations of liability — shall survive.
3. Scope of Services; Personnel
Company will provide only Services expressly specified. Company is not responsible for site safety or security and is not engaged as a security consultant. Company acts as an independent contractor.
4. Payment
By ordering Services, you agree to pay applicable fees including one-time, monthly, or annual subscription fees. Subscription payments are prepaid and non-refundable after Services are received.
Late payments incur 1.5% monthly interest. Client must dispute invoices within 30 days. Failure to pay constitutes material breach.
5. LIABILITY LIMITATION; INDEMNIFICATION
Client and ALL Users acknowledge Company is a facilitator of information originating from governmental authorities, fire departments, and law enforcement agencies. Company provides no original instruction beyond such guidance.
(a) No Warranty of Result
Company makes no warranty that Services will prevent loss or damage. Limitations apply regardless of alleged negligence.
(b) Indemnification by Client
Client and Users agree to defend and indemnify Company against any Loss arising from use of Services.
(c) Liability Cap
In no event shall Company liability exceed the cost of Services provided, and in no event exceed $1,000.
(d) Client Responsibility Above Cap
Client shall indemnify Company for Loss exceeding $1,000.
(e) No Consequential or Special Damages
Company shall not be liable for:
Punitive or consequential damages
Loss of profits or business
Acts of terrorism or war
Injuries arising from Client premises conditions
Events beyond Company’s reasonable control
Data interruption or corruption
(f) Terrorism Waiver
Neither party shall be liable for Loss arising from acts of terrorism.
(g) Theft Allegations
Company not liable for theft unless formally reported within 10 days and conviction obtained.
(h) Safety Information Disclaimer
Company is not liable for injury or Loss arising from public or personal safety information provided.
(i) Notice of Loss
Written notice of Loss must be provided within 30 days. No action may be brought more than 12 months after occurrence.
(j) No Third-Party Beneficiaries
Services benefit Client only.
(k) Broad Indemnification
Client agrees to indemnify and hold harmless Company and related parties against claims arising from use.
(l) De Facto Client
ANY User becomes bound by this Agreement whether or not a separate contract exists.
6. Insurance
Client shall maintain insurance and waive subrogation rights against Company. Company is not an insurance provider.
7. Force Majeure
Performance delays caused by events beyond reasonable control shall excuse performance.
8. Client Responsibility
Client must provide safe working conditions and necessary cooperation. Company disclaims responsibility for website inaccuracies or third-party content.
9. Copyright Infringement
Company respects intellectual property and will remove infringing material when notified.
10. Intellectual Property
All intellectual property remains property of Company. Use of Website grants no trademark rights.
11. Changes
Company may modify this Agreement at any time. Continued use constitutes acceptance.
12. Disclaimer of Warranties
Website provided “as is” without warranties of merchantability or fitness for purpose.
13. General Representation
Users agree to comply with all applicable laws.
14. Severability
If any provision is unenforceable, remaining provisions remain in force.
15. Precedence
This Agreement governs over conflicting documents.
16. Notices
Official notices must be in writing via email or certified mail.
17. Assignment
Assignment requires written consent unless to affiliates with notice.
18. Law & Jurisdiction
Governed by laws of California. Venue: Los Angeles County, California.
19. Electronic Signatures
Electronic signatures and digital submissions are enforceable.
20. Prohibited Uses
Posting unlawful or abusive content
Unauthorized account access
Hacking or scraping
Uploading malicious software
Impersonation
Reverse engineering
Collecting user data
21. Epilepsy Warning
Website videos may contain rapidly changing images. Users with seizure conditions should consult a physician before use.
22. Entire Agreement
This Agreement constitutes the entire agreement between parties and may only be modified in writing.