Firewise USA™ License Agreement
Please indicate your acceptance of the following terms for accessing certain of the NFPA’s Firewise USA™ logos (“the NFPA Marks”) by scrolling down the page and clicking "I AGREE" to connect. By clicking on "I AGREE," you accept the terms of this agreement.
This is a legal agreement between you (the NFPA visitor) and the NFPA for access to and use of the NFPA Marks. By clicking on “I AGREE” and by using the NFPA Marks, you agree to be bound by the terms of this agreement both as to this and each subsequent use you make of the NFPA Marks, and you are responsible for ensuring that the terms of this agreement are met. If you do not agree to the terms of this agreement, click on the “Return to the Home Page” button.
- GRANT OF LICENSE. NFPA grants you, the NFPA visitor, a non-exclusive, royalty-free, non-transferable and non-sublicensable, revocable right to use in the United States the NFPA Marks for one year in strict accordance with these terms and conditions and any and all NFPA guidelines solely for the following purposes: (a) encouraging community participation in a Firewise® day and related activities; (b) highlighting and recognizing community efforts to become recognized as a Firewise USA™ site; (c) to the extent a community achieves recognition under the Firewise USA™ program, any promotion about achieving recognition and any continuing efforts to remain a Firewise USA™ site; and (d) to print on t-shirts, water bottles or stickers in connection with activities described in (a) above. Notwithstanding the foregoing, you are expressly prohibited from using the NFPA Marks for commercial advertisements, on fire apparatus or equipment of any kind, or in connection with any promotion, sale or distribution of any commercial product or commercial services. To the extent that NFPA determines, in its sole discretion, that you have materially failed to comply with the terms of this Agreement, NFPA reserves the right to require you to remove the NFPA Marks from your use within 24 hours of receipt of notice to do so.
- You acknowledge that (a) the name “National Fire Protection Association®”, the acronym “NFPA®”, the words “Firewise®”, “Firewise Communities/USA®” and other NFPA logos, branding, and trademarks are registered trademarks and the intellectual property of the NFPA and in no event shall such intellectual property be used by you except as otherwise provided herein; (b) you shall only use the NFPA Marks in the United States; and (b) you will not assert ownership rights in the NFPA Marks or in any confusingly similar marks.
- WARRANTY LIMITATION AND DISCLAIMER OF LIABILITY. THE NFPA MARKS AND THE FIREWISE USA® RECOGNITION PROGRAM ARE PROVIDED TO YOU “AS” IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NFPA SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY, OR OTHER DAMAGES OF ANY NATURE WHATSOEVER, WHETHER SPECIAL INDIRECT, CONSEQUENTIAL OR COMPENSATORY, DIRECTLY OR INDIRECTLY IN CONNECTION WITH (A) THE NFPA MARKS, OR THE TERM “FIREWISE®”; AND/OR (B) ANY ACTIVITY IN THE COURSE OF TRYING TO BECOME A FIREWISE USA™ SITE OR MAINTAIN SUCH RECOGNITION. SOME STATES RESTRICT WARRANTY AND REMEDY EXCLUSIONS AND LIMITATIONS, AND, TO THE EXTENT OF SUCH RESTRICTIONS, THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, NFPA’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- MISCELLANEOUS. The terms of this agreement may be changed from time to time. NFPA may suspend or discontinue providing the NFPA Marks to you with or without cause and without notice. NFPA may pursue any remedy legally available to it if you fail to comply with any of your obligations hereunder. The failure of NFPA to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- This agreement shall be construed and interpreted pursuant to the laws of the State of Massachusetts applicable to agreements wholly entered into and performed in the State of Massachusetts, excluding that body of law dealing with conflict of laws. Any legal action, suit, or proceeding arising out of or relating to this agreement or the breach thereof shall be instituted in a court of competent jurisdiction in the State of Massachusetts, Norfolk County, and each party hereby consents and submits to the personal jurisdiction of such court, waives any objection to venue in such court and consents to the service of process by registered or certified mail, return receipt requested, at the last known address of such party.
- The terms of this agreement constitute the entire agreement between the parties with respect to the subject matter hereof. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that the terms of this agreement will in any event remain valid and enforceable.