AK SafetyNet Subscription
Agreement.
1. Terms.
In using this site, you (“User”) agree to be bound by all of the
terms and conditions set forth below.
2. Product.
This Agreement is binding between Users and AK for the SafetyNet
service, which includes computer software and any associated video,
media, printed materials, plans, diagrams, brochures or other related
products including “online” or electronic materials (collectively
the “Product”). By exercising your rights to use the Product as
provided herein, you agree to be bound by the terms of this Agreement.
If you do not agree to the terms of this Agreement, you may not use
the Product. AK shall have the right at any time to change or
discontinue any aspect or feature of Product, including, but not limited
to, content, functionality, and equipment needed for access or use.
AK shall have the right at any time to change or modify the terms and
conditions applicable to your use of Product, or any part thereof, or
to impose new conditions, including, but not limited to, adding fees
and charges for use.
3. Grant
of License. This Agreement grants you a non-exclusive,
non-transferable license to use the Product on the terms and conditions
hereof. You may not reproduce and distribute copies of the
Product. You have no ownership rights in the Product. Ownership
of the Product and all intellectual property rights therein shall remain
at all times with AK. Any other use of the Product by any person,
business, corporation, government organization or any other entity is
strictly forbidden and is a violation of this Agreement. The right
to use the Product is personal to you and is not transferable to any
other person or entity. All Users using the Product represent
and warrant that they are authorized to use the Product and are bound
by the terms of this Agreement. In the event of any permitted
copying, redistribution or publication of copyrighted material, no changes
in or deletion of author attribution, trademark legend or copyright
notice shall be made.
4. Content.
The content provided on this site is for general information purposes
only and is in no way intended to be a substitute for detailed fire
and life safety training and planning with qualified professionals and
building management and thorough site-specific training and drills.
Users still need to participate in regular drills and understand the
special conditions of your building or facility, including but not limited
to location of stairwells, safety systems and equipment, elevator usage
guidelines, existence and roles of emergency floor teams and where to
reassemble during a building evacuation. Users also need to be
aware of planning for responses to local threats (tornados, hurricane,
earthquake, flooding, etc.). AK cannot guarantee or take responsibility
for the accuracy of the content, nor can AK assume any liability for
the content of web sites linked to our site. Reference to or reproduction
of specific plans, designs, products, processes or services does not
constitute or imply recommendation or endorsement by AK. AK and
its partners also take no responsibility for the emergency training,
planning, or related resources that you may post to the SafetyNet page.
5. Restrictions.
You may not publish, display, disclose, rent, lease, modify, loan, distribute,
or create derivative works based on the Product or any part thereof.
You may not reverse engineer, decompile, translate, adapt, or disassemble
the Product, nor shall you attempt to create the source code from the
object code for the Product.
6. Copyright.
Unless otherwise indicated, all title and copyrights in and to
the Product (including but not limited to any video, images, photographs,
animations, audio, music and text incorporated into the Product) and
any accompanying printed materials, and any copies of the Product, are
owned by AK or its affiliates. The Product is protected by copyright
laws and international treaty provisions. All rights not granted herein
are expressly reserved by AK and its affiliates. You may not remove
any proprietary notice of AK from any copy of the Product.
7. Disclaimer
of Warranty. You agree as follows:
a. YOU EXPRESSLY AGREE THAT THE USE
OF THE PRODUCT IS AT YOUR SOLE RISK. NEITHER AK, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS
OR LICENSORS WARRANT THAT PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF PRODUCT, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF
ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE PRODUCT.
b. THE PRODUCT IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
c. IN NO EVENT WILL AK, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PRODUCT BE
LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE PRODUCT. YOU HEREBY ACKNOWLEDGE
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE
PRODUCT.
d. AK DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF ANY CONTENT CONTAINED IN THE PRODUCT, NOR ITS MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE. AK NEITHER ENDORSES NOR
IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, OPINION,
ADVICE OR STATEMENTS THAT ARE PART OF THE PRODUCT. AK NEITHER
ENDORSES NOR IS RESPONSIBLE FOR THE CONTENT OF ANY “LINKED” THIRD-PARTY
WEB SITES OR OTHER SOURCES ACCESSED THROUGH THE PRODUCT, AND HAS PROVIDED
SUCH LINKS FOR INFORMATION PURPOSES ONLY. UNDER NO CIRCUMSTANCES
WILL AK BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE
ON INFORMATION OBTAINED THROUGH THE PRODUCT. IT IS THE RESPONSIBILITY
OF USER TO CONSULT WITH FIRE AND LIFE SAFETY PROFESSIONALS TO EVALUATE
THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION,
ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE PRODUCT.
8. Government
End Users. If you are using the Product on behalf of any
unit or agency of the United States Government, the Government’s rights
in the Product and its documentation will be as defined in Clause
52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d)
of the NASA Supplement to the FAR.
9. General.
This Agreement shall be construed, interpreted and governed by the laws
of the State of Washington without regard to conflicts of law provisions
thereof. The exclusive forum for any disputes arising out of or
relating to this Agreement shall be an appropriate federal or state
court sitting in King County, Washington. This Agreement shall
constitute the entire Agreement between the parties hereto. If
any part of this Agreement is found invalid or unenforceable by a court
of competent jurisdiction, the remainder of this Agreement shall be
interpreted so as to reasonably effect the intention of the parties.