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Terms Of Service

FIRE SAFETY SCIENCE – FIRESCI LLC

 TERMS OF SERVICE

 

 

This website and App is owned and operated by FIRE SAFETY SCIENCE – FIRESCI LLC and its subsidiaries (collectively “FireSci,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your legal rights to use or access our services, software, mobile application, and our websites (the “Services”) and FireSci hardware products or devices (“Products”). These Terms also govern your legal rights with respect to Third Party Services (defined below). Please read these Terms carefully before purchasing or using the Products or Services or purchasing or using Third Party Services. By using or accessing our Products or Services or purchasing or using Third Party Services, you signify your acknowledgement and assent to the terms and conditions of use set forth below. These Terms (together with other user agreements, where applicable) constitute a binding legal agreement between you and FireSci (this “Agreement”). Please read these Terms closely because they contain important information about automatic renewal, a class action waiver, and an arbitration provision, requiring you to arbitrate any claims you may have against FireSci on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

*If you do not agree with these Terms, please do not purchase or use our Products or Services or Third Party Services. *

GENERAL

This Agreement represents the entire understanding relating to your purchase or use of the Products and Services or Third Party Services and prevails over any prior or contemporaneous, conflicting or additional communications between you and FireSci. All rights not expressly granted herein are reserved by FireSci. However, to the extent your use of a Product or Service involves or is integrated with products or services of affiliated companies, any terms and policies covering those products or services may also apply.

Specific areas or pages of our websites or App may include additional or different terms relating to the purchase or use of our Products and Services or Third Party Services. In the event of a conflict between such specific terms and these Terms, the specific terms shall control. The term “you,” as used in these Terms, includes any person or entity who is the owner of the Fire ‘FireSci’ Product and creates an account associated with the Product (“Owner”), as well as any person or entity allowed or authorized to access or use the Owner’s Products and Services (“Authorized Users”). Authorized Users are responsible for their own actions in connection with the Products and Services, but Owner hereby consents to these terms on behalf of all Authorized Users and agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Products, Services and account. As a result, if you are an Owner, you should authorize only those individuals that you trust to access your account, Products, and Services.

You must be at least 18 years old to use the Products and Services. 

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity).

 

CHANGES TO THIS AGREEMENT AND SERVICES

Except as set forth in the Dispute Resolution section, FireSci is free to revise these Terms or any other part of this Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the firesafetysci.com website, notifying you through the Services, by sending you an email, or by some other means. By continuing to use our Products and Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates.

We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Products or Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice. We may change any aspect of the Products or Services, including, without limitation, the applicable fees and/or features and/or price related to the Products or Services, at any time and for any reason in our sole discretion.

We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement.

 

 

 

 

 

 

ACCESS AND USE; GUIDELINES FOR INSTALLATION AND USE

All rights, title and interest in the Services and our content provided through the Products and Services (including without limitation information, documents, logos, graphics, designs and images) are owned by FireSci, its licensors, or designated third parties. Subject to these Terms, FireSci grants you a limited, non-transferable, non-exclusive right to access and make commercial use of the Products and Services. Notwithstanding the foregoing, businesses may purchase Products and use the Services for their own internal, lawful business purposes (such as using Products on their business premises or enabling tenants to use the Products); however, this license does not include any right to resell Products or Services, or otherwise make the Products or Services available for third parties.

If your use of the Services or any Products is prohibited by applicable laws, then you aren’t authorized to use the Services or Products. We can’t and won’t be responsible for your using the Services or any Products in a way that breaks the law.

You may be required to sign up for an account, and select a password and username (“User ID”) or PIN. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

You represent, warrant, and agree that you will not capture or contribute any Content (as defined below) or otherwise use the Services or Products or interact with the Services or Products in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including us);

  • Violates any law, ordinance, or regulation, including privacy and other laws referenced above and any applicable export control laws;

  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

  • Jeopardizes the security of your FireSci account or anyone else’s (such as allowing someone else to log in to the Services as you);

  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;

  • Violates the security of any computer network, or cracks any passwords or security encryption codes;

  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

  • Copies or stores any significant portion of the Content, except as permitted through intended use of a Product or Service feature; or

  • Violates the FireSci Community guidelines, which are hereby incorporated by reference.

A violation of any of the foregoing is grounds for termination of your right to use or access future Products and current Services.

 

 

 

 

 

 

 

 

 

TRADEMARKS AND COPYRIGHTS

Nothing on or in the Products or Services shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of FireSci or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.

Except as otherwise noted, Firesci is the owner of all trademarks and service marks on or in the Products and Services, whether registered or not, including, without limitation, Fire Safety Science, FireSci, SyHUB, SMARTILT, INDIREL, DARSYS, WINDSU, LITHALL. FireSci expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).

However, by purchasing or using our Products and Services, you give FireSci the right, without any compensation or obligation to you, to access and use your Content for the limited purposes of providing Services to you, protecting you, improving our Products and Services, developing new Products and Services, and as otherwise set forth in our Privacy Notice.

 

 

 

 

 

 

 

 

 

REFUNDS

Risk of Loss

All purchases of physical items from FireSci are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the pick-up by  the carrier. Our terms of sale are ex-works FireSci warehouse or third party warehouse.

Return Policy

If, for any reason, you decide to return our Product that you purchased from us (FireSci) for a refund, you must notify us in writing and obtain a written material return authorization from us no later than thirty days counted from the delivery date. At our discretion, Firesci retains the right to deny a return.  Items purchased at firesafetysci.com between November 1 and December 31, may be returned through January 31 of the immediately following year. These strictly for products bought directly from us and not from distributors or any other third party seller. FireSci does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, FireSci does not take title to the refunded item. For more information about our returns and refunds, please see the Return Policy.

Order Limits / End-User Customers Only

FireSci reserves the right, in its sole discretion, to refuse or cancel any order and limit order quantity. FireSci may also require additional qualifying information prior to accepting or processing any order. firesafetysci.com sells products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products destined for embargoed geographies, applications or embargoed end-users as designated by the US Government. Firesci retain the right to split orders and fulfill the orders in partial shipments 

 

THIRD PARTY SERVICES

You may be allowed to access or acquire third party products, websites, applications, content or services from third parties (“Third Party Services”) through our Services. A description or reference to any Third Party Service by or through our Services (including any description or reference via hyperlink) does not imply endorsement by FireSci of such Third Party Service. These Third Party Services are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. FireSci has no control over the content or policies of such Third Party Services, and we are not responsible for (and under no circumstances shall we be liable for) the contents, accuracy, reliability, quality or security of any such Third Party Service. Third Party Services may be subject to their own warranties, terms of service, and privacy policies. You may be required to agree to those third party terms to use the Third Party Services. Please review all information about Third Party Services before purchasing them through FireSci. Those who choose to access information provided by third parties (including any information obtained through our Services) are solely responsible for the compliance of such information with any applicable law.

 

SOFTWARE UPDATES

From time to time, FireSci may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products or for other reasons at our sole discretion (“Updates”). You agree that FireSci may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.

USER COMMUNICATIONS

FireSci is pleased to hear from its customers. However, we do not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through our websites or our Services (“communications”), including e-mails to FireSci or postings on interactive portions of our websites, shall be deemed and shall remain the property of FireSci. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. FireSci is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing our Products or Services using such communications. By submitting communications to us through our websites, via e-mail, or by any means, you hereby RELEASE FireSci from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to our websites or to FireSci, you hereby grant FireSci, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.

 

PRODUCTS AND SOFTWARE

Downloading or using our software (including our mobile application) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with these Terms. Our software and product is copyrighted by FireSci or its licensor(s), and may be protected by one or more patents owned by FireSci or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the software. Products and Services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software. These Terms apply to your use of all the Products and Services, including software that may be downloaded to your smartphone or tablet to access the Services (the “Application”). The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Products and Services. You will only use the Application in connection with a device that you own or control. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

 

NO LIFE AND SAFETY OR CRITICAL USES; BACKUPS

You acknowledge that our Products and Services are not intended for a third-party monitored emergency notification system and that we do not monitor emergency notifications and will not dispatch emergency authorities to your home or facility in the event of an emergency. FireSci makes no warranty or representation that use of the Products or Services will affect or increase any level of safety. You acknowledge that the Products and Services are not intended to be 100% reliable. We cannot and do not guarantee that you will receive notifications in any given timeframe or at all. All life threatening, safety and emergency events should be directed to the appropriate response services.

We strongly suggest that you backup any important Content (for example, by downloading and locally saving any such Content). You are solely responsible to backup your Content to another location outside the Services to avoid loss of your Content and other data.

INTERNET ACCESS

Certain subscriptions include Services that enable Products to provide Internet access (“Internet Service”). By purchasing or accessing the Internet Service, you consent to the additional terms stated which are hereby incorporated.

You agree that:

  • you have no contractual relationship with underlying carriers that provide Third Party Services related to the Internet Service,

  • you are not a third party beneficiary of any agreement between FireSci and the service providers,

  • FireSci and its service providers have no liability of any kind to you related to the Internet Service, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise,

  • data transmission and messages may be delayed, deleted or not delivered,

  • the Internet Service should not be used for 911 or similar emergency calls,

  • FireSci and its service providers cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Internet Service,

  • a variety of factors can affect performance, speeds, and availability of the Internet Service, including but not limited to its services providers’ coverage, network congestion, your devices and building characteristics, the capabilities and connections of the host of content to which you seek access, environmental factors, and technical operations, and any representations by FireSci of the speed associated with any Product or Service represent only an anticipated, theoretical average speed and not a guarantee of actual speed,

  • if you are not satisfied with the Internet Service or related Product, your sole remedy is to return the related Product in accordance with the return policy of the Product seller, or cancel your subscription, and

  • you are solely responsible for engaging all appropriate security measures associated with the Internet Service and all devices that connect to the Backup Internet, and for providing, configuring and maintaining virus protection, firewall, and other security measures to prevent damage from viruses, malware, or other similar malicious content and to prevent unauthorized access.

NO REPRESENTATIONS OR WARRANTIES

This website may contain errors and may not be complete or current. FireSci therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, characteristics, pricing and availability. We reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order. We apologize for any inconvenience.

EXCEPT FOR THE LIMITED WARRANTY PROVIDED ON OUR WEBSITE, OUR PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS,’ AND FIRESCI DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT THAT OUR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

EXCLUSION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FIRESCI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL FIRESCI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR SIX (6) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. FIRESCI DISCLAIMS ALL LIABILITY OF ANY KIND OF FIRESCI’S LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL FIRESCI BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD FIRESCI HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE PRODUCT OR SERVICES, INCLUDING CLAIMS FOR DAMAGE TO EQUIPMENT, PRODUCT MALFUNCTIONS, LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE PRODUCT OR SERVICES.

JURISDICTION AND CHOICE OF LAW

FireSci controls and manages the Services from its facilities in the State of Massachusetts in the United States of America. Unless otherwise stated, materials and content on the Services are presented solely for promoting Products and Services in the United States of America. Information published on the Products and Services may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on the Products or Services are legal, available or appropriate in your country or region.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and the United States of America, without giving effect to any principles of conflicts of law.

 

DISPUTE RESOLUTION

Mandatory, Bilateral Arbitration and Waiver of Class Actions

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

YOU AND FIRESCI AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES AND/OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN US AND/OR ANY RECORDING ON THE SERVICES AND/OR PRODUCTS SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court in your county of residence within the United States if your claims qualify; and (2) this agreement to arbitrate does not include your or FireSci’s right to seek injunctive or other equitable relief in state or federal court in Massachusetts to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms.

“Disputes” shall include, but are not limited to, any claims or controversies between you and FireSci against each other related in any way to or arising out of in any way from this Agreement, the Services, the Products, and/or the Content, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and FireSci, even if the claim arises after you or FireSci has terminated Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) FireSci brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and FireSci, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with FireSci; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.

 

Dispute Notice

Before initiating an arbitration, you and FireSci each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: 945 Concord Street – #1210, Framingham, MA 01701, Attention: Legal Department. We will provide a Notice of Dispute to you via the email address associated with your FireSci account. You and FireSci agree to attempt in good faith to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a forty-five (45) day post-notice resolution period expires.

*Arbitration Process and Procedure *

If the parties do not reach an agreed upon solution within forty-five (45) days from the original Dispute Notice, then either party may initiate binding arbitration as the sole means to resolve claims, subject to these terms. Arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside or any reasonable location within the United States convenient for you. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless both you and FireSci expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.

YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND FIRESCI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.

The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and FireSci each agree that all issues regarding the Dispute are delegated to the arbitrator to decide. Further, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Hearing 

If your claim does not exceed $10,000 (USD), you and FireSci agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and FireSci submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or FireSci, or deemed necessary by the arbitrator, you and FireSci agree that the hearing will be conducted telephonically or videographically.

Arbitrator’s Decision

An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

*Fees *

It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, FireSci will pay the additional cost. 

*Small Claims & Government Actions *

As an alternative to arbitration, you or FireSci may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against FireSci on your behalf.

 

 

 

 

SEVERABILITY AND SURVIVAL

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

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.

PRIVACY

Please see our Privacy Notice for information regarding the collection and use of personal information collected through our Products and Services.




 

 

 

 

 

FIRESCI PRODUCT AND SERVICES TERMS AND CONDITIONS

I. DEFINITION OF “FIRESCI” AND “FIRE PRODUCT” AND “APP SERVICES”

“FireSci” as used in these Fire Products and Services Terms and Conditions (the “Product & Services Terms and Conditions”) is defined to include FireSci, Fire Safety Science – FireSci LLC, and their respective shareholders, directors, officers, employees, agents, parent companies, affiliates, subsidiaries, and subcontractors, which subcontractors. 

“Fire Product(s)” as used in these Product & Services Terms and Conditions is defined as the FireSci system, which includes the cylinder, agent, valve, tubing, siphon tube, nozzle, bracket, SyHUB and all other parts, components, devices and sensors manufactured by FireSci at any time for use with the FireSci Fire Protection System.

“App Services” as used in these Product & Services Terms and Conditions is defined to include FireSci software, FireSci application, FireSci websites.

 

II. ENTIRE AGREEMENT

These Fire Terms and Conditions, along with FireSci’s Terms of Service (the “FireSci Terms of Service”), are collectively referred to herein as the “Agreement.” The FireSci Terms of Service contain additional terms and conditions that apply to you, including (except where prohibited by law) a DISPUTE RESOLUTION WITH AN ARBITRATION AGREEMENT, WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTIONS AND A CHOICE OF MASSACHUSETTS STATE LAW. Please thoroughly read and understand these Fire Products & Services Terms and Conditions and the FireSci Terms of Service before you electronically sign.

The Agreement contains the entire understanding between you and FireSci relating to the subject matter hereof and replaces and supersedes any other representations, advertisements, marketing, literature, brochures, proposals, documents or discussions you had with FireSci. The Agreement cannot be changed except in accordance with this Agreement, or a writing signed by both you and FireSci. If any provision of this Agreement is found to be invalid, the remaining provisions are still effective. In the event of any irreconcilable conflict between the Fire Product & Service Terms and Conditions and the FireSci Terms of Service, the Product & Services Terms and Conditions shall control. YOU UNDERSTAND AND AGREE THAT THE AGREEMENT APPLIES TO YOUR CURRENT PURCHASE AND USE OF THE FIRE PRODUCTS AND APP SERVICES, AND YOUR PURCHASE AND USE OF ANY ADDITIONAL FIRE PRODUCTS AND APP SERVICES AT ANY TIME IN THE FUTURE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU WILL BE UNABLE TO USE THE FIRE PRODUCTS AND APP SERVICES AND YOU MAY RETURN THE FIRE PRODUCTS FOR A FULL REFUND.

 

III. CONSENT TO ELECTRONIC CONTACT

You consent to receive emails at the email address you provide FireSci for any purpose relating to the Agreement including, without limitation, information relating to the Fire Product, App Services and any notifications from FireSci as provided for, or permitted within, this Agreement (“Notification Purpose(s)”). You also consent to receive such information on your enabled wireless device (such as a smart phone or tablet) through the FireSci application, or through a personal computer. Further, you agree that FireSci may contact you at the telephone number you provided for any Notification Purpose, and that contact may be made using any method, including telephone calls, automatic telephone dialing systems, or text or email messages sent to your enabled wireless device. You also represent that when you provide us with a telephone number or an email address for yourself, your emergency contacts or any other third party, that you and any individuals for whom you have provided FireSci with a telephone number or an email address consent to receive service-related text messages, telephone calls, and emails for any Notification Purpose. You will be responsible for any message and data rates that may apply. You agree to notify FireSci immediately in the event of any change to any of the email addresses or telephone numbers you provided. You agree to regularly check your voice messages, text and e-mail messages for communications from FireSci.

 

IV. LIMITATION OF LIABILITY OF FIRESCI

YOU UNDERSTAND AND AGREE THAT THE FIRE PRODUCT AND APP SERVICES ARE DETECTION, ACTION, AND NOTIFICATION PRODUCTS AND SERVICES. THE FIRE PRODUCT AND APP SERVICES CAN BUT ARE NOT GUARANTEED TO ELIMINATE FIRES OR ANY POTENTIAL FIRES. THEY DO NOT ELIMINATE OCCURRENCES OF EVENTS, SUCH AS FLOODS, BURGLARIES, ROBBERIES, AND MEDICAL ISSUES, AND YOU AGREE NOT TO PURCHASE OR RELY ON THE FIRE PRODUCT AND APP SERVICES TO SO ELIMINATE SUCH OCCURRENCES OF EVENTS. FURTHER, YOU UNDERSTAND AND AGREE THAT THE FIRE PRODUCT AND APP SERVICES MAY NOT AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES, AND, THEREFORE, FIRESCI MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) THAT THE FIRE PRODUCT AND APP SERVICES WILL SO AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES.

YOU FURTHER AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF FIRESCI IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF THE LIMITED WARRANTY HEREIN, NEGLIGENCE OF ANY KIND OR DEGREE OF FIRESCI PROVIDER STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY (EXCEPT WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE OF FIRESCI IN THOSE STATES/PROVINCES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE) ARISING FROM, OR RELATING TO, THIS AGREEMENT, THE FIRE PRODUCT AND APP SERVICES THE MAXIMUM LIABILITY OF FIRESCI WILL BE LIMITED TO THE GREATER OF (I) TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) USD; OR (II) TWO (2) TIMES THE TOTAL CHARGES (EXCLUSIVE OF TAXES AND SHIPMENT) FOR THE FIRE PRODUCTS IN THE SPECIFIC LOCATION OF OCCURRENCE AND ONLY PURCHASED BY YOU, AND THIS LIABILITY SHALL BE SOLE AND EXCLUSIVE. THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR, AMONG OTHER THINGS, DIRECT DAMAGES, CONSEQUENTIAL DAMAGES, PERSONAL INJURY, LOSS OF LIFE, PROPERTY DAMAGE, ECONOMIC LOSSES, CROSS-CLAIMS AND OTHER CLAIMS FOR INDEMNITY AND CONTRIBUTION, AND THE CLAIMS OF THIRD PARTIES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED OR INTERPRETED IN A MANNER WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE.

 

V. WAIVER OF SUBROGATION FOR FIRESCI

You should protect against any risk of loss with the appropriate insurance coverage, and you are responsible for obtaining all insurance coverage you believe is necessary. To the fullest extent permitted by applicable law and the applicable policy or policies of insurance you obtain and maintain, you release FireSci and System Installer from all liability for any loss, occurrence, event or condition covered by your insurance.

 

VI. THIRD PARTY INDEMNIFICATION FOR FIRESCI

THIS AGREEMENT IS INTENDED ONLY FOR YOUR BENEFIT. THEREFORE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD FIRESCI HARMLESS FROM AND AGAINST (I) ALL CLAIMS, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST FIRESCI ARISING FROM OR RELATING TO THIS AGREEMENT, THE FIRE PRODUCT AND APP SERVICES (A “THIRD PARTY ACTION”); AND (II) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGMENTS (INCLUDING PAYMENT OF ATTORNEYS’ FEES AND COSTS OF FIRESCI) INCURRED BY, ASSESSED OR FOUND AGAINST, OR MADE BY FIRESCI RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION (“THIRD PARTY RELATED LOSSES”), EVEN IF SUCH THIRD PARTY ACTION AND THIRD PARTY RELATED LOSSES ARISE FROM THE NEGLIGENCE OF ANY KIND OR DEGREE OF FIRESCI BREACH OF CONTRACT OR WARRANTY OR CONDITION, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW, OR OTHER FAULT. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. THIS INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF FIRESCI OR GROSS NEGLIGENCE OF FIRESCI IN THOSE STATES/PROVINCES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE. “THIRD PARTY” IS DEFINED HEREIN TO INCLUDE ANY PERSON OR ENTITY WHO DID NOT ELECTRONICALLY SIGN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, A SPOUSE, FAMILY MEMBER, GUEST, NEIGHBOR, TENANT, EMPLOYEE OR INSURANCE COMPANY.

 

 

VII. LIMITED WARRANTY FOR FIRE PRODUCTS

a. Limited Warranty This is a “Limited Warranty” which gives you specific legal rights to the fullest extent permitted by applicable law. You may also have other rights, which vary from jurisdiction to jurisdiction. Please keep your dated sales receipt; subject to applicable law, it is required for all Limited Warranty requests. Subject to applicable law, any dispute or controversy regarding this Limited Warranty arising from your use of your Fire Product will be resolved by final and binding bilateral arbitration in accordance with the DISPUTE RESOLUTION section of FireSci’s Terms of Service.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. IF APPLICABLE LAW DOES NOT PERMIT FIRESCI TO LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH STATUTORY OR IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD OF ONE (1) YEAR FROM THE DATE OF YOUR PURCHASE OF THE FIRESCI PRODUCT.

b. What the Warranty Covers For a period of one (1) year from the date of your purchase of the Fire Product FireSci will, at its sole option, repair or replace any part or component of the Fire Product that malfunctions due to defective parts at no charge to you. This Limited Warranty is not transferrable or assignable by you and (subject to applicable law) applies only to the original consumer purchaser. FireSci may, in its sole discretion, make any repair or replacement with new or refurbished parts or components. If the part or component requiring repair or replacement is no longer available, FireSci may, in its sole discretion, replace such part or component with a similar part or component of similar features, functions and quality.

c. What the Warranty Does Not Cover The Limited Warranty shall not apply to any of the following causes and events: damage due to heat or any fire related incident, system activation, misuse, abuse, failure to follow instructions and specifications, negligence, casualty (e.g., fire) or acts of God (including but not limited to lightning, flood, tornado, earthquake, or hurricane), and consumable parts (including batteries) are not covered by this Limited Warranty. Unauthorized service or modification of the Fire Product or any part or component will void this Limited Warranty in its entirety. This Limited Warranty does not include reimbursement for inconvenience, installation, loss of use, or unauthorized service. In addition, this Limited Warranty does not cover any losses, injuries to persons, loss of property or other monetary damages. This Limited Warranty does not apply if you purchase a pre-owned Fire Product, purchase the Fire Product from any unauthorized seller, or purchase of the Fire Product from third party sellers on eBay or other online marketplaces. FireSci strongly suggests that you do not buy the Fire Product from any unauthorized sellers, as the Fire Product may be used, defective, counterfeit or may not be designed for use in your location. This Limited Warranty covers only Fire Products and is not extended to other equipment, components, or devices that a customer uses in conjunction with the Fire Product.

d. How to Obtain Limited Warranty Service/Replacement To obtain the benefit of the above Fire Product’s Limited Warranty please contact FireSci community support at firsaeftysci.com/contact. Please be prepared to describe the Fire Product that needs service, the nature of the problem and to provide proof of purchase. You will also be required to return your existing Fire Product in accordance with directions that will be provided by FireSci. FireSci has no warranty or other obligations with respect to any Fire Product that is excluded from the Limited Warranty pursuant to VII.c. of the Product & Service Terms and Conditions, as reasonably determined by FireSci, and you agree to arrange and pay for shipping to return the Fire Product to FireSci, and the shipping costs for FireSci to return the serviced Fire Product or replacement Fire Product back to you. Any claim under this Limited Warranty must be submitted to FireSci before the end of the Limited Warranty period described in these Product & Service Terms and Conditions; time being of the essence. Please allow up to fourteen (14) business days for your Limited Warranty request to be processed.

 

VIII. REMOTE ACCESS SERVICE

You may choose to use the FireSci application to remotely check the status of your Fire Product, receive real-time alerts, and utilize other features, functionalities and benefits of the Fire Product (the “Remote Access Service”) through a compatible portable enabled electronic device, like a smart phone. It is your sole responsibility to assure that your Electronic Device is at all times compatible with the Remote Access Service.

When using the Remote Access Service, it is your responsibility to monitor your Fire Product, or have another person you trust monitor your Fire Product, and respond appropriately to all information and events received while using the Remote Access Service. It is likewise your responsibility to ensure that, while using the Remote Access Service, notifications from the Fire Product (including any alarm event messages) can be relayed to you and your designated contacts. Further, it is your responsibility to determine the appropriate response to all information and events you receive while using the Remote Access Service and you accept that you are entirely responsible for your response and that of your designated contacts. If your response to information and events while using the Remote Access Service incurs costs, you accept full liability for those costs. If you receive notice of any life/safety, property risk, fires, while using the Remote Access Service, you should immediately contact the police, fire department, 911 or appropriate emergency response service.

 

 

 

 

IX. BROADBAND INTERNET ACCESS

The App Services will not work or be accessible without: (i) a working wifi network at your Address where systems are installed that is positioned to communicate reliably with your Fire Product; (ii) an active, current and properly completed account with FireSci; (iii) an enabled and supported wireless device; and (iv) always-on broadband internet access at your Registered Address with bandwidth sufficient to support your Fire Product (collectively, the or your “System Elements”). It is your responsibility to ensure that you have all required System Elements and that they are compatible and properly configured with your Fire Product. You acknowledge that the App Services may not work as described when the requirements and compatibility have not been met. If you change any of the required System Elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with your Fire Product and App Services. If FireSci receives notice that you failed to maintain the required System Elements, FireSci may, in its sole discretion, elect to terminate the App Services in accordance with Section XIII of the Fire & Service Terms and Conditions. You acknowledge and agree that the System Elements are not error-free and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (“Service Problem(s)”). Service Problems may result in an inability of your FireSci Product to send listed signal codes to the App Services and, in such event, the App Service will be unavailable for the duration of the Service Problem. Further, Service Problems may result in the App Service being unreliable or unavailable for the duration of the Service Problem. Neither FireSci, nor any wireless data carrier is responsible or liable for any such Service Problems.

 

X. DUTY TO PROPERLY INSTALL, TEST AND REPLACE BATTERIES FOR YOUR FIRE PRODUCT.

It is your responsibility, or of the installer, to install your Fire Product in strict accordance with the instructions and specifications made available to you. IF YOUR FIRE PRODUCT IS NOT PROPERLY INSTALLED, OR IF YOUR FIRE PRODUCT OR ANY OF ITS SENSORS ARE IN VULNERABLE AREAS THAT MAY AFFECT ITS CAPACITY TO WORK TO ITS FULL EXTENT, YOU MAY EXPERIENCE FALSE ALARMS OR DETECTION FAILURES. Also, it is your responsibility to replace the batteries for your Fire Product, when necessary. YOU UNDERSTAND AND AGREE THAT YOUR APP SERVICE MAY NOT FUNCTION OR PROPERLY FUNCTION IF THE BATTERIES NEED REPLACEMENT OR SERVICE; PLEASE CHECK THEM REGULARLY.

XI. THE CUSTOMER’S DEFAULT

If you fail to perform your obligations under this Agreement (monetary or non-monetary), FireSci will have the right, in its sole discretion, to terminate the App Services. If FireSci elects to do so, it will first notify you pursuant to Section III hereof, of your obligation failures and FireSci’s intention to terminate the App Services (the “Notice of Intention to Terminate”). You will have seventy-two (72) hours from the date the Notice of Intention to Terminate is first sent to you to fully cure your performance failures (the “Cure Period”), time being of the essence. If you fail to timely do so, FireSci may then, in its sole discretion, terminate the App Services at any time after providing you notification in accordance with Section III hereof (the “Termination Notice”). The termination of the App Services will take effect within forty-eight (48) hours after the Termination Notice is first sent to you (the “Termination”). In the event of a Termination, and to the fullest extent permitted by applicable law, you agree to pay FireSci, (a) all amounts then due, and (b) FireSci’s reasonable collection costs, including attorneys’ fees and costs. In the event of a Termination of the App Services,  no App Services will thereafter be provided. If FireSci waives any default or performance failures, FireSci is not waiving other defaults. Any waiver by FireSci must be in writing, and may not be implied by its actions or inactions. To the fullest extent permitted by applicable law, in the event of a Termination, you hereby expressly authorize FireSci to charge the payment card associated with your account the full amount then due and FireSci’s reasonable collection costs, including attorneys’ fees and costs, if applicable. Further, FireSci reserves the right to terminate the App Services, with no further obligation to you (except payment for all amounts then due) in the event of: (i) excessive runaway and/or false signals, (ii) your failure to maintain a broadband internet access service, (iii) your wireless data usage being considered harmful or disruptive, or otherwise interfering with the wireless data carrier’s network or the ability to provide quality service to other customers. If FireSci elects to terminate the App Services for Other Termination Reasons, it will send you a Termination Notice pursuant to Section III of the Fire & Services Terms and Conditions. The termination of App Services will take effect for the Other Termination Reasons within forty-eight (48) hours after the Termination Notice is first sent to you.

 

XII. SUBCONTRACTING AND ASSIGNMENTS.

You cannot transfer or assign this Agreement without FireSci’s consent; however, FireSci can assign this Agreement or subcontract its obligations without your consent. If FireSci does so, anyone to whom FireSci assigns or subcontracts its obligations will receive the benefit of, and have the right to enforce, all the terms and conditions of the Agreement.

XIII. LIMITATIONS OF THE FIRE PRODUCTS

YOUR FIRE PRODUCT MAY NOT BE INTENDED OR DESIGNED FOR OUTSIDE USE, UNLESS EXPRESSLY SPECIFIED FOR OUTDOOR USE IN THE SPECIFICATIONS FOR YOUR FIRE PRODUCT. PLEASE BE SURE TO READ THE SPECIFICATIONS FOR YOUR FIRE PRODUCT BEFORE USING YOUR FIRE PRODUCT OUTDOORS.

 

XIV. MALWARE VULNERABILITY NOTICE AND WAIVER

Equipment that relies on wireless or internet connections or are connected to a network of any kind may not be secure and may be exploited or hacked by malware and spyware variants (“Malware Vulnerabilities”). Malware Vulnerabilities may provide a gateway for a person with malicious intent the capability to alter the App system; view, extract, change, destroy, steal, disclose or alter your data, or the data of others; monitor and/or spy on your activities and the activities of others; cause internet and network outages; provide for unintended or unauthorized access by others to your network, or the network of others; and otherwise place people, property or data at risk. FIRESCI MAKES NO WARRANTY OR REPRESENTATION THAT THE FIRE PRODUCTS, APP SERVICES IS SECURE, DOES NOT HAVE, OR IS NOT SUSCEPTIBLE TO, MALWARE VULNERABILITIES. FireSci assumes no liability whatsoever for any Malware Vulnerabilities and, to the fullest extent permitted by applicable law, you agree to release and hold FireSci harmless from any Malware Vulnerabilities and any related loss or damage of any kind or sort, even if caused by any breach of contract or negligence of any kind or degree of FireSci (the “Malware Vulnerability Release”). If the Malware Vulnerability Release is not enforceable under applicable law for any reason, then the LIMITATION OF FIRESCI’S LIABILITY in Section IV of the Product & Services Terms and Conditions shall apply to any losses or damages, of any kind or sort, arising from, or related to, Malware Vulnerabilities.

 

XV. SMART DEVICE STANDARDS/THIRD PARTY DEVICES.

Your App Service may use various open or commonly available standards or means to communicate and work with smart or connected devices that are also similarly used by other systems or services not manufactured by FireSci, including Wifi, Bluetooth, and IP devices. HOWEVER, SMART, CONNECTED OR OTHER THIRD-PARTY DEVICES (“THIRD PARTY DEVICES”) MAY NOT WORK WITH YOUR APP SERVICES, OR MAY HAVE LIMITED FEATURES OR FUNCTIONALITY, EVEN IF DESIGNED, SPECIFIED OR MARKETED TO OPERATE USING THE SAME OR SIMILAR STANDARDS OR MEANS OF COMMUNICATION.

FIRESCI IS NOT RESPONSIBLE FOR, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND HOLD FIRESCI HARMLESS FROM AND AGAINST, ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, ANY ATTEMPT BY YOU TO CONNECT, OR YOUR CONNECTION AND USE OF, THIRD-PARTY DEVICES WITH YOUR FIRE PRODUCT OR APP SERVICES. FURTHER, FIRESCI MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO ANY THIRD-PARTY DEVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION THAT ANY THIRD-PARTY DEVICE WILL PROPERLY AND SAFELY COMMUNICATE AND WORK WITH YOUR FIRE PRODUCT OR THE APP SERVICES, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE RELATING TO ANY THIRD-PARTY DEVICE. In addition, you agree FireSci may terminate the App Services pursuant to Section XI of the Product & Service Terms and Conditions if FireSci, in its sole discretion, believes the operation of any Third-Party Device causes or may cause an issue to your Fire Product, the App Services, or with FireSci’s liability to you or others.

 

XVI. FIRESCI CUSTOMER SERVICE AND SUPPORT.

You understand and agree that any customer service and any customer care and support offered or provided by FireSci is not a Monitoring Service, a 911 service or dispatch center, or an emergency service provider or dispatch service. PLEASE DO NOT CONTACT FIRESCI CUSTOMER SERVICE OR ANY CUSTOMER CARE AND SUPPORT OFFERED BY FIRESCI WITH ANY LIFE/SAFETY, PROPERTY RISK, FIRES, FLOODS, BURGLARIES, ROBBERIES, MEDICAL ISSUES OR OTHER EMERGENCIES. IF YOU HAVE ANY SUCH EMERGENCY. YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.