In order to use this subscription service, You (as defined below) must first read and agree to the following terms and conditions by clicking the “I ACCEPT” Button at the bottom of this End User License Agreement (the “EULA”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION IN SECTION 7 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT PROVISION, YOU AND NFPA (AS DEFINED BELOW) AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, AND YOU AND NFPA WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE ACTION. PLEASE READ THE ARBITRATION PROVISION AS IT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT.
For purposes of this EULA, “You” or “Subscriber” means each and all of the following:
(1) Any individual user accessing the Service (as defined below) under a personal subscription.
(2) Any organization that that has entered into a subscription for access by multiple users of that organization (the “Enterprise Subscriber”).
(3) Any user identified by the Enterprise Subscriber as an authorized user under that Enterprise Subscriber’s multi-user subscription. Such user may or may not be employed by the Enterprise Subscriber.
This EULA sets forth the terms and conditions by which You may access and use this subscription service (the “Service”), which is offered by the National Fire Protection Association® (“NFPA”). You acknowledge that the Service includes access to copyrighted material and other material made available by NFPA® to You (the “Information”). Your Agreement to the terms and conditions of this EULA allows You to Use the Service as set forth in this EULA but does not grant You any ownership rights to the Information.
By clicking on the “I Accept” button below, You represent and warrant: 1) You are authorized to enter into this EULA (including the arbitration agreement in Section 7 below) on Your behalf and on behalf of the Enterprise Subscriber if in connection with a multi-user subscription; 2) You and each user under the multi-user subscription will be bound by the terms and conditions set forth herein (including the arbitration agreement in Section 7 below); and 3) You are responsible for ensuring that the terms and conditions are met in connection with Your Use of the Service.
If You are accepting the terms and conditions of this EULA on behalf of the Enterprise Subscriber as part of a multi-user subscription, You also represent and warrant: 1) You have the authority and the ability to bind the Enterprise Subscriber and all users under the multi-user subscription to the terms and conditions of this EULA (including the arbitration agreement in Section 7 below); and 2) You acknowledge and agree that You will be liable for all acts committed by anyone using the multi-user subscription, including the Enterprise Subscriber and any users employed by another organization, as well as for all damages sustained by NFPA or any third party as a result.
If You do not agree to all of the terms and conditions set forth herein, You will be denied access to the Service and the Information contained therein.
1. GRANT OF LICENSE.
- Subject to the terms and conditions herein, NFPA grants You a limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, non-transferrable license, to: 1) use the Service to view the Information (“View / Viewing”); and 2) add Your own notes in the Service (“Annotating/Annotation(s)”). Collectively, “View/Viewing” and “Annotating/Annotation(s)” are defined as “Use/Using” the Service.
- Subject to Section 2.g and the other terms and conditions herein, any Annotations You make are Your data and are owned by You as an individual. To the extent You are making Annotations on behalf of the Enterprise Subscriber, the ownership of the Annotations is a matter between You and the Enterprise Subscriber. To the extent You are making Annotations on behalf of your employer and you are employed by a person organization other than the Enterprise Subscriber, the ownership of the Annotations is a matter between You and Your employer. Annotations are excluded from Information for purposes of this EULA.
- During Your Subscription to the Service, You may: 1) View Information for Your individual Use; 2) share limited excerpts of Information with other authorized users under the same multi-user subscription (“Share/Sharing”) and send a link to one or more third parties for a partial View of certain Information for a limited time (all as may be determined from time to time by NFPA).
- Offline access to the Service.
- NFPA uses a Service Worker and API to make limited Information available to View offline, without an Internet connection. By accepting this EULA, You consent to NFPA downloading and installing a Service Worker to a supported browser on any device that You use to View the Information. The Service Worker shall be installed regardless if You View Information offline. If the Service Worker is unregistered or otherwise cleared from Your device’s browser, You will not have access to View Information offline.
- Your ability to View Information offline is also subject to the following requirements:
- You must not log out of Your Subscription account before going offline
- You must have sufficient space available for the Service Worker on the device and browser You are using to View the Information;
- You must have sufficient space on Your device to store the Information for offline access; and
- You must log into Your Subscription account online at least every 20 days for Information to be available offline.
- Offline access to the Service may not include all Information and functionality that are available when accessing the Service online.
2. LIMITATIONS ON THE USE OF THE INFORMATION and LICENSE RESTRICTIONS.
- You may not copy, transmit, upload, download, or in any other manner publish, display, distribute or copy onto any storage device, including a network server, all or any part of the Information, through any means whatsoever except as specifically allowed under the GRANT OF LICENSE above, nor may You allow any other person or organization to do any of the foregoing, directly or indirectly.
- You may not use the Information to provide on-line or similar database services or access to the Information for third parties.
- You may not rent, lease or lend the password, the Information, or any portion of the rights granted herein to any third party.
- You may not, and You may not permit others to, copy, decompile, reverse engineer, modify or prepare derivative works of the Service or the Information.
- You may not use the Service or the Information in any manner that infringes the intellectual property or other rights of another person or party, or that violates or infringes on the rights of any other person or party in any other way.
- When You share Information with other authorized users under the same multi-user subscription, You understand You will be allowing others to see Your Annotations. Other than as described in the immediately preceding sentence, You may not share Your Annotations with anyone else, including but not limited to individuals in Your organization who are not authorized users under the multi-user subscription and/or third parties outside Your organization.
- Except as noted in Section 3 (c) below, Your Annotations are available only to You (or those with whom you share or link Information with Your Annotations) and only during the subscription period; they are no longer available to You or to anyone else once that subscription period ends and will not become available again at any time even if You enter into a new Subscription at a later date.
3. RIGHTS OF NFPA.
- As between You and NFPA, the Information is owned by NFPA. The Information is protected by U.S. copyright law and international treaty provisions. NFPA retains all rights that accrue to or are incidental to the holder of copyright whether or not specifically set forth in this EULA, including all right, title, and interest in and to the Information in all languages, formats, and media throughout the world, now known or later developed. NFPA reserves the right in its sole discretion, at any time to: (i) make changes to the Service, the underlying technology, the Information and the products and services delivered or permitted herein with or without notice to You; (ii) limit the Information made available; (iii) limit the amount of Information that may be shared or sent to a third party via a link during any subscription term and the number of times Information may be shared or sent to a third party via a link; and (iv) require You to register with NFPA any device and/or IP address from which or through which You may access and/or View the Service and/or the Information.
- You understand that NFPA has access to and may access and view your Annotations during the Subscription period.
- If NFPA is required by law, directed by court order or similar directive or by any government agency to disclose any of Your Annotations, or any of the terms, conditions or other facts with respect to Your Subscription, Your Use of the Service or any other matters relating thereto, You understand and agree that NFPA will make such disclosure(s) and shall have no liability to You or the Subscriber in the event of an multi-user subscription.
4. WARRANTY DISCLAIMER.
NO WARRANTY IS MADE BY NFPA, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE ACCESS, THE UNDERLYING TECHNOLOGY, THE SERVICE OR THE INFORMATION. UNDER NO CIRCUMSTANCES, WHETHER OR NOT ACCESS TO THE INFORMATION IS ALLOWED, IS NFPA LIABLE FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE AS A RESULT OF YOUR USE OF THE PASSWORD, THE UNDERLYING TECHNOLOGY, THE SERVICE OR THE INFORMATION ACCESSED BY OR THROUGH THE PASSWORD.
ALTHOUGH NFPA HAS MADE EFFORTS TO MINIMIZE FAILURES IN ACCESS TO THE INFORMATION, ACCESS, THE UNDERLYING TECHNOLOGY, THE SERVICE, AND THE INFORMATION ARE EACH PROVIDED "AS IS" AND “AS AVAILABLE” AND YOU UNDERSTAND AND AGREE THAT THEY ARE NOT WITHOUT FLAW OR OTHERWISE GUARANTEED.
5. DISCLAIMERS AND LIMITATION OF LIABILITY.
YOUR USE OF AND BROWSING OF THIS SERVICE ARE AT YOUR OWN RISK. NFPA MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED IN THIS SERVICE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO NONINFRINGEMENT, OR THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED IN THIS SERVICE FOR ANY PURPOSE. NFPA DOES NOT WARRANT THAT THE CONTENT AND/OR FUNCTIONALITIES CONTAINED IN THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NFPA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
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, ARISING OUT, RESULTING FROM OR IN CONNECTION WITH: THE INFORMATION, THE SERVICE; YOUR INABILITY TO GAIN ACCESS TO THE SERVICE, THE UNDERLYING TECHNOLOGY OR THE INFORMATION AT ANY TIME, OR ANY ACTION OR EFFECT OF THE INFORMATION, THE SERVICE OR UNDERLYING TECHNOLOGY INCLUDING BUT NOT LIMITED TO YOUR SERVERS, NETWORK, OR OTHER ELECTRONIC EQUIPMENT, RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM THIS SERVICE THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO NFPA’S RECORDS, PROGRAMS, OR SERVICES, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT OR CONTRACT OR OTHERWISE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, NFPA'S MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE ACCESS TO THE INFORMATION FOR THE PREVIOUS TWELVE (12) MONTHS. THE REMEDIES AVAILABLE TO YOU AGAINST NFPA UNDER THIS EULA ARE EXCLUSIVE. SOME STATES RESTRICT WARRANTY AND REMEDY EXCLUSIONS AND LIMITATIONS, TO THE EXTENT OF SUCH RESTRICTIONS, THE FOREGOING LIMITATIONS MAY NOT APPLY AND OTHER REMEDIES MAY BE MADE AVAILABLE UNDER CERTAIN STATE LAWS.
YOU ACKNOWLEDGE AND AGREE THAT REGARDLESS OF HOW INFORMATION MAY BE LABELED OR DISPLAYED, NFPA IS NOT ENDEAVORING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES OR ADVICE THROUGH THE SERVICE OR THE INFORMATION.
EACH NFPA CODE, STANDARD, OR OTHER DOCUMENT CONTAINED WITHIN THE INFORMATION HAS ITS OWN DISCLAIMERS AND STATEMENTS DEALING WITH LIMITATION OF LIABILITY. THE TERMS OF EACH SUCH STATEMENT SHALL REMAIN IN EFFECT AND BE IN ADDITION TO ANYTHING SET FORTH HEREIN.
This EULA and all rights granted by this EULA will terminate immediately and at any time thereafter without further notice: (i) upon expiration of the term of Your Subscription or the multi-user subscription through which You have access to the Information; (ii) immediately, if it appears that You (including other authorized users of a multi-user subscription) have violated or are violating the terms of this EULA. Upon expiration of Your Subscription or the multi-user subscription through which You have access to the Information or other termination of this EULA, You shall cease all use of the Information and remove and destroy any and all Information you may have Downloaded in accordance with this EULA.
7. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
- Applicability of Arbitration Agreement. You and NFPA agree that all disputes, claims, or controversies, whether based on past, present, or future events, arising out of or relating to the Service or the terms and conditions of this EULA, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis, shall be resolved in binding arbitration on an individual basis, except that You and NFPA are not required to arbitrate disputes relating to the ownership or enforcement of intellectual property rights, including copyright. Except as expressly provided above, You and NFPA empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of the terms and conditions of this EULA or the formation of this agreement, including the arbitrability of any dispute and any claim that all or any part of this agreement are void or voidable. Notwithstanding the foregoing, either You or NFPA may bring an individual action in small claims court.
- Initiating a Dispute. In the event of a dispute, You or NFPA must send to the other party written notice of the dispute (“Notice”).You must send any notice of dispute to: NFPA, Attention: General Counsel, One Batterymarch Park, Quincy, MA 02169 USA .NFPA will send any Notice to You at the contact information we have for You. A Notice, whether sent by You or NFPA, must contain the: (i) name, address, and contact information of the party giving notice, (ii) facts giving rise to the dispute, and (iii) relief requested. You and NFPA will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice is sent. If You and NFPA do not reach an agreement to resolve the dispute within that sixty (60) day period, You or NFPA may commence an arbitration proceeding or file a claim in small claims court.
- Waiver of Jury Right. By agreeing to arbitrate disputes under this agreement, YOU AND NFPA ARE EXPRESSLY GIVING UP ANY AND ALL RIGHTS TO A JURY TRIAL OR COURT TRIAL BEFORE A JUDGE. You and NFPA are instead electing to have claims and disputes resolved by arbitration. The arbitrator’s decision shall be final and binding on both You and NFPA, subject to review on the grounds set forth in the Federal Arbitration Act (“FAA”).
- Waiver of Class or Consolidated Actions. YOU AND NFPA AGREE THAT ALL Disputes MUST BE Arbitrated or litigated on an individual basis AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. The validity of this waiver, and whether an action may proceed as a class, collective or representative action, must be decided by a court.
- Arbitration Rules. The FAA governs the interpretation and enforcement of this arbitration agreement. The arbitration shall be administered by Judicial Arbitration & Mediation Services, Inc. (“JAMS”) before a single arbitrator and shall be initiated and conducted in accordance with the Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), to the extent not inconsistent with the terms of this agreement. The JAMS Rules and instructions about how to initiate an arbitration are available at https://www.jamsadr.com/rules-streamlined-arbitration (as of the date of this agreement) or 1-800-352-5267.
- Fees. Pursuant to the JAMS Consumer Arbitration Minimum Standards, other than the filing fee to be paid by You, all other costs of the arbitration will be borne by NFPA, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. If NFPA is the claiming party initiating an arbitration against You, NFPA will pay all costs associated with the arbitration.
- Manner and Location of Arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, online, or in person in Norfolk County, the Commonwealth of Massachusetts, or at another mutually agreed location.
- Confidentiality. All aspects of the arbitration, including without limitation, the record of the proceeding, are confidential and shall not be open to the public, except (i) to the extent both parties agree otherwise in writing, (ii) as may be appropriate in any subsequent proceedings between the parties, or (iii) as may otherwise be appropriate in response to a governmental agency or legal process, provided that the party upon whom such process is served shall give immediate notice of such process to the other party and afford the other party an appropriate opportunity to object to such process.
- Opt-Out. You may opt out of this arbitration agreement. If You do so, neither You nor NFPA can force the other to arbitrate. To opt out, You must notify NFPA within thirty (30) days of first becoming subject to this arbitration agreement by providing written notice to: NFPA, Attention: General Counsel, One Batterymarch Park, Quincy, MA 02169 USA. Your notice must include Your name and address and a clear statement that You want to opt out of this arbitration agreement.
- Severability. If any portion of this arbitration agreement is found to be unlawful, void or for any reason unenforceable, then that portion shall be severed and the remainder of this agreement shall be given full force and effect.
- Survival. This arbitration agreement survives the termination of this EULA.
8. GENERAL PROVISIONS.
This EULA will be governed by and construed under the laws of the Commonwealth of Massachusetts without regard to the conflicts of law provisions. Any suit or proceeding arising out of or relating to this EULA that is exempted from the arbitration agreement in Section 7 above shall be instituted in a court of competent jurisdiction in the Commonwealth 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. Should any provision of this EULA be held to be void, invalid, unenforceable, or illegal by a court, the validity and enforceability of the other provisions will not be affected. Failure of either party to enforce any provision of this EULA will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this EULA are inserted for convenience only and do not constitute a part hereof.