This is a legal agreement between you and NFPA for access to and use of NFPA’s Firewise USA® name and Firewise USA® logos (the “NFPA Marks”) as described herein. By downloading and/or using the NFPA Marks, you expressly agree to be bound by the following terms of 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 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 participation in Firewise USA® educational outreach activities; (b) highlighting and recognizing community efforts to become or to remain a recognized as a Firewise USA® location; and (c) to print on t-shirts, water bottles or stickers in connection with activities described 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 agree that you shall only use the NFPA Marks in the United States and you will not assert ownership rights in the NFPA Marks or in any confusingly similar marks.
- DISCLAIMER OF LIABILITY. 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. 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 Commonwealth of Massachusetts, excluding laws 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 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.