FireAid

FIRE AID TERMS OF SERVICE

Last Updated: January 14, 2025 These Terms of Service (“Terms”) apply to your access to and use of the websites and other online services (collectively, the “Services”) provided by Fire Aid, Inc. (“FireAid”, “we”, “our” or “us”). We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict. We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.

1. Your Information

You may provide certain information to FireAid in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You represent and warrant that any information that you provide to FireAid in connection with the Services is and will remain accurate.

2. Prohibited Conduct

(a)   You will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services: ▪       Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort; ▪       Engage in any harassing, threatening, intimidating, predatory, or stalking conduct; ▪       Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity; ▪       Sell or resell our Services; ▪       Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; ▪       Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; ▪       Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner; ▪       Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services; ▪       Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that FireAid grants to the operators of public search engines permission to use spiders to copy materials from its website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. FireAid reserves the right to revoke such permission either generally or in specific cases, at any time and without notice; ▪       Develop or use any applications or software that interact with our Services without our prior written consent; or ▪       Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes. (b)  Enforcement of this Section is solely at FireAid’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

3. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by FireAid or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

4. Trademarks

The logos, product or service names, slogans, and the look and feel of the Services are trademarks of FireAid or our licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

5. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about FireAid or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Services, or to improve or develop new products, services, or the Services in FireAid’s sole discretion. FireAid will exclusively own all improvements to, or new, FireAid products, services, or Services based on any Feedback. You understand that FireAid may treat Feedback as nonconfidential.

6. Third-Party Materials and Content

(a)   Our Services rely on or interoperate with third-party products and services, including data storage services, communications technologies, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that (i) the use and availability of the Services is dependent on third-party product vendors and service providers and (ii) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate. (b)  We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a convenience to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. (c)   We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.

7. Indemnification

To the fullest extent permitted by applicable law, you will indemnify and hold harmless FireAid, its licensors and its and their respective officers, directors, agents, partners, and employees (individually and collectively, the “FireAid Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services, including your violation of these Terms; or (b) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights). You will promptly notify FireAid Parties of any third-party Claims giving rise to the obligations under this section, cooperate with FireAid Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). You grant the FireAid Parties sole control of the defense or settlement, at FireAid’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and FireAid or the other FireAid Parties.

8. Disclaimers; Assumption of Risk

Your use of our Services and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Services, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) are provided “as is” and “as available” without warranties of any kind, either express or implied. FireAid disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, FireAid does not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) are accurate, complete, reliable, current, or error-free or that access to our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) will be uninterrupted. You assume the entire risk as to the quality and performance of the Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials). All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of FireAid, FireAid Parties, and FireAid’s respective agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

9. Limitation of Liability

(a)   To the fullest extent permitted by applicable law, FireAid and the other FireAid Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if FireAid or the other FireAid Parties have been advised of the possibility of such damages.   (b)  The total liability of FireAid and the other FireAid Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services (if any).   (c)   The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of FireAid or the other FireAid Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

10. Governing Law

Any Claims will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The state and federal courts located in the County of Los Angeles, California, will have exclusive jurisdiction over all disputes between us. You and FireAid waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

11. Modifying and Terminating Our Services

We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by FireAid in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

12. Severability

If any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

13. Miscellaneous

(a)    FireAid’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. (b)  These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. (c)   The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” (d)  Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. (e)   Communications and transactions between us may be conducted electronically. (f)    You may also contact us with questions at info@fireaidla.org.