Terms of Service
Effective: May 1, 2018
Fire Resistant Landscaping L.L.C., hereafter referred to as “FRL” owns and operates FRL and its network of websites including https://fireresistantlandscaping.com, mobile applications, and any other linked and related pages, content, features, products, software, 3D property models and fire risk assessments offered by FRL (the “Services”).
YOUR ACCEPTANCE OF TERMS
MODIFICATION OF TERMS
FRL reserves the right, in its sole discretion, to modify the Terms of Service at any time by updating this page. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
ELIGIBILITY TO USE SERVICES
By accessing the Services, you represent and warrant to FRL that: (i) you are an individual or agent of a client entity; (iii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.
REGISTRATION FOR CERTAIN SERVICES
You may be required to register and select a password and username (“FRL User ID”) to access certain Services or Deliverables. You may not (i) select or use as a FRL User ID a name of another person with the intent to impersonate that person; or (ii) use as a FRL User ID a name subject to any rights of a person other than you without appropriate authorization. You shall provide FRL with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. FRL reserves the right to refuse registration of, or cancel a FRL User ID in its discretion.
LIMITATIONS OF FRL AERIAL DRONE SERVICES
FRL Does Not Offer Licensed Surveyor Services
FRL is not a “surveying” company and does not offer “professional surveying services”. We are happy to work with professional surveyors but FRL does not claim to offer “professional surveying services” or insinuate that our services are the equivalent of, or a replacement for services offered by professional, licensed surveyors.
AVAILABILITY OF CERTAIN SERVICES IN CASE OF ACCIDENT OR INCLEMENT WEATHER
Please be advised that some of the Services or Deliverables offered by FRL may be delayed or unavailable due to accidents such as equipment failure or inclement weather. In the case that Services or Deliverables are delayed due to equipment failure or inclement weather, Services or Deliverables will be rescheduled for the soonest possible date or a full refund will be given for that portion of the Service or Deliverable. Equipment failure includes but is not limited to Unmanned Aerial Vehicle accidents, crashes or the malfunction or failure of associated equipment such as drones, computers, drives, cameras or vehicles. Inclement weather is defined as any weather conditions that hinder the ability of FRL to perform Services or provide Deliverables, including but not limited to high wind conditions, fire conditions, low visibility, rain, snow or any type of precipitation.
AVAILABILITY OF CERTAIN SERVICES IN CONTROLLED AIRSPACE
Please be advised that some of the Services or Deliverables offered by FRL may be delayed or unavailable due to restrictions placed on Unmanned Aerial Systems (UAS) in certain types of airspace by the Federal Aviation Administration. Please see the different types of airspace restrictions below:
Security Sensitive Airspace Restrictions
The FAA, under 14 CFR § 99.7 — Special Security Instructions (SSI), has prohibited all UAS flights within the airspace defined under NOTAM FDC7/7282. The restrictions extend from the ground up to 400 feet AGL, apply to all types and purposes of UAS flight operations, and remain in effect 24 hours a day, 7 days a week.
Temporary Flight Restrictions
Temporary Flight Restrictions (TFRs) define a certain area of airspace where air travel is limited because of a temporary hazardous condition, such as a wildfire or chemical spill; a security-related event, such as the United Nations General Assembly; or other special situations. The text of the actual TFR contains the details about the restriction, including the size, altitude, time period that it is in effect, and what types of operations are restricted and permitted.
Restricted or Special Use Airspace
Restricted or Special use airspace is used to designate airspace in which certain activities must be confined, or where limitations may be imposed on aircraft operations that are not part of those activities. Types of Special Use Airspace include:
• Prohibited areas
• Restricted areas
• Warning areas
• Military operation areas (MOAs)
• Alert areas
• Controlled firing areas (CFAs)
Stadiums and Sporting Events
Flying UAS in and around stadiums is prohibited starting one hour before and ending one hour after the scheduled time of any of the following events:
• Major League Baseball
• National Football League
• NCAA Division One Football
• NASCAR Sprint Cup, Indy Car, and Champ Series races
Specifically, UAS operations are prohibited within a radius of three nautical miles of the stadium or venue.
It is illegal to fly any UAS in or around a wildfire firefighting operation. (See Temporary Flight Restrictions)
Unmanned aerial vehicle operators are required to receive authorization for flights within five miles of an airport in Class B, C, D, or surface area E airspace.
The most common type of restricted airspace that may cause the delay or unavailability of services offered by FRL is when a property falls within 5 miles of a five miles of an airport in Class B, C, D, or surface area E airspace.
FAA Authorization for unmanned aerial vehicle operations within these types of airspace can take up to 90 days to process. In the event that Services or Deliverables are delayed due to restricted or controlled airspace, those Services or Deliverables will be rescheduled for the soonest possible date or a full refund will be given for that portion of the Service or Deliverable.
DATA AND INFORMATION
By accessing or using any of our Services, including online signup, telephone consultations, service quotes, onsite visits or downloads of data, imagery, maps or models from the website, you agree to be bound by these terms and conditions regarding any personal or property information that FRL may require. In the course of providing the Services, FRL will gather information, images, video, aerial photos, elevation, plant health or other data related to Services or in connection with the Services, you hereby grant to (i) FRL a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit (including without limitation, reformatting, modifying, creating derivative works of, and translate) such Data (including all related intellectual property rights) in connection with the Services and FRL’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and (ii) each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such Data as permitted through the functionality of the Services and under this Agreement. The foregoing license grant to FRL does not affect your ownership of or right to grant additional non-exclusive licensees access to any of the information, images, video, aerial photos, elevation, plant health or other data related to the services or deliverables offered by FRL.
You understand that all information publicly posted or privately transmitted is the sole responsibility of the person from which such content originated and that FRL will not be liable for any errors or omissions in any such content. You understand that FRL cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, FRL cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and Data accessed by you using FRL Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
THREE DIMENSIONAL MAP MODEL VIEWER, FIRE RISK ASSESSMENT CHARTS, GRAPHS, REPORTS AND LANDSCAPE DESIGN PLANS
If you use the FRL Three Dimensional Map Model Viewer offered through the FRL websites (the “Three Dimensional Map Model Viewer”) on your blog or persoal website, you must include a prominent link back to the FRL website on the pages containing the Three Dimensional Map Model Viewer, and you may not modify, improve, delete or block any portion of the Three Dimensional Map Model Viewer in any way. You may not use the Three Dimensional Map Model Viewer with the purpose of obtaining advertising or subscription revenue, or for any other commercial purpose, and you may not sell advertising in connection with the Services or third party User Submissions (except you may use the Three Dimensional Map Model Viewer to show videos on an ad-enabled blog if the primary purpose of using the Three Dimensional Map Model Viewer (as determined by FRL in its sole reasonable discretion) is not to gain advertising revenue or compete with the Services and if the advertising is not offered through the Three Dimensional Map Model Viewer or on or through any third party User Submission) without the prior written consent of FRL.
All materials displayed or performed by FRL, or which may be made available for your download (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations, maps, models, video and recommendations (also known as the “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
PERSONAL OR NON-COMMERCIAL USE
The Services, and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by FRL in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. You may download or copy the Content for personal or non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not copy or store any Content except for personal, non-commercial use unless you have prior written permission from an officer of FRL, or from the copyright holder identified in such Content’s copyright notice. You shall not store any significant portion of any Content in any form.
If you link to any of the data, reports or services offered by FRL, FRL may revoke your right to so link at any time, at FRL’s sole discretion. FRL reserves the right to require prior written consent before linking to the Services.
RIGHT TO REMOVE CONTENT
FRL reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion.
You acknowledge that FRL does not endorse or guarantee any user blogs, video, or other use of Content and you may not state or imply any such endorsement or guarantee.
FRL’S INTELLECTUAL PROPERTY AND LIMITED LICENSES
The technology and the software underlying our Services is the exclusive property of FRL. Subject to your compliance with this Agreement, FRL grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by FRL in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services, including property information, images, video, aerial photos, elevation, plant health maps, 3D models or other data for any illegal purpose.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of FRL, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to FRL or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of FRL, its affiliates, or any third party.
YOUR REPRESENTATIONS AND WARRANTIES
You warrant, represent and agree that you will not use the Services (including, without limitation, anything in connection with FRL images, reports or data) in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without FRL’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of FRL.
RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES
Any violation of the above may be grounds for termination of your right to access or use the Services. FRL reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that FRL deems in its sole discretion to be an illegal or unauthorized use of the Services. FRL will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
YOUR OTHER OBLIGATIONS
You are responsible for all of your activity in connection with the Services. You shall be responsible for (i) obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service; (ii) ensuring that such equipment or ancillary services are compatible with the Services; (iii) taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code.
You are be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the use of the Services.
INTERNATIONAL USE; EXPORT CONTROLS
The Services are offered by FRL from its facilities in the United States of America. FRL makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export control laws. No software may be downloaded from the Services or otherwise exported or re-exported in violation of the export control laws of the United States.
DISCLAIMER OF WARRANTIES
THE SERVICES, CONTENT, AND PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH THE FRL WEBSITES, APPLICATIONS AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES, OR THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF NEW JERSEY OR ANOTHER STATE WHICH DOES NOT ALLOW SUCH LIMITATIONS.
Without limiting the generality of the foregoing, FRL makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from FRL or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product.
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. FRL makes no representations concerning any Content contained in or accessed through the Services, and FRL will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Under no circumstances will FRL 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.
FRL has no special relationship with or fiduciary duty to you. You acknowledge that FRL has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
NO SAFETY, MEDICAL OR OTHER PROFESSIONAL ADVICE
The Content (including, without limitation, all text, graphics, images, search results, data and information contained therein), and such materials obtained from FRL’s licensors or other third parties, and all Services are provided for informational purposes only and are not intended to be a guarantee against natural disasters (including without limitation legal or financial advice). If you think you may have a medical emergency, call 911 immediately. FRL does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned in the Services. Reliance on any such information is solely at your own risk. The Content of Services is not intended to be legal advice or form an attorney-client relationship of any kind. If you believe you have a legal claim, contact an attorney licensed in your state or country.
When you use our Services, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, “push” mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
You agree to indemnify and hold FRL, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Please note, some states, such as New Jersey, may limit or prohibit indemnification obligations and, therefore, this provision may not apply if you are a resident of New Jersey or another state with such limitations.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL FRL OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND FRL’S REASONABLE CONTROL. BECAUSE SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH ABOVE, THE ABOVE LIMITATIONS MAY NOT APPLY IF YOU ARE A RESIDENT OF NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. IN SOME CIRCUMSTANCES, FRL MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.
FORCE MAJEURE, NATURAL DISASTERS AND FIRE DAMAGE
FRL, its parents, subsidiaries, affiliates, officers and employees, shall be held harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) and shall not be held liable for any damage due to causes beyond its reasonable control, including but not limited to, acts of God, natural disasters, fire damage, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
FEES AND PAYMENT
FRL reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Services in connection with such Services selected by you. These services include but are not limited to Fire Risk Assessments, Fire Resistant Landscape Design Plans, Aerial Drone Flyovers, Software or Displays. FRL reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be posted on our websites, sent by via email or postal mail. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. To the fullest extent allowed by applicable law, all fees paid hereunder are non-refundable unless otherwise permitted by this Agreement.
INTERACTION WITH THIRD PARTIES
RELEASE OF CLAIMS
You hereby release FRL, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) having acquired or not acquired any Content through the Services, or (ii) any disputes with any third party and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
MODIFICATION AND TERMINATION
FRL reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. FRL may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.
Certain portions of this Arbitration section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and FRL agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.
You and FRL agree to arbitrate any and all disputes or claims arising out of, in connection with, or relating to use or purchase of the Services or any aspect of the relationship between You and FRL. This includes agreeing to arbitrate claims that arose before this Agreement came into effect and any claims that may arise after termination of this Agreement. The arbitration shall be conducted in accordance with the American Arbitration Association (“AAA”) Consumer Arbitration Rules then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of the Agreement titled “BINDING ARBITRATION” shall be null and void.
Arbitration is a method of claim resolution that is less formal than a traditional court proceeding. It uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
WAIVER AND SEVERABILITY
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. FRL shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond FRL’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Subject to the arbitration provision and for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
You and FRL agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
NO AGENCY; NO ASSIGNMENT
This Agreement is not assignable, transferable or sublicensable by you except with FRL’s prior written consent. FRL may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind FRL in any respect whatsoever.
All provisions of this Agreement which by their nature are intended to survive performance hereof by you or FRL, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.
COPYRIGHT DISPUTE POLICY
- FRL’S General Policy. FRL has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). The address of FRL’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is FRL’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; (2) notify the content provider, member or user that it has removed or disabled access to the material; and (3) remove and discontinue access by and service to repeat offenders.
- Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that FRL is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which FRL is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, FRL may send a copy of the counter-notice to the original complaining party informing that person that FRL may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at FRL’s discretion.
- Designated Contact to Receive Notification of Claimed Infringement:
Please contact FRL to Receive Notification of Claimed Infringement at the following address:Fire Resistant Landscaping L.L.C.
891 Post Street, Unit 305
San Francisco, CA 94109
If you have any questions or notices of violation of this Agreement, please contact the editor of the website or service in question, or send an email to:Fire Resistant Landscaping L.L.C.
891 Post Street, Unit 305
San Francisco, CA 94109