COMMUNICABLE ILLNESS PLANNING TOOLKIT OR COMMUNICABLE ILLNESS WEB WORKSHOP (WEBSHOP) LICENSE AGREEMENT

This License Agreement (later referred to as the “Agreement”) is a legal Agreement between you individually if you are agreeing to it in your own capacity, or if you are authorized to acquire the product on behalf of your company or another organization, between the entity for whose benefit you act (hereinafter “Purchaser”), and Firestorm Solutions, LLC/Firestorm Franchising, LLC/www.firestorm.com, 1000 Holcomb Woods Parkway, Suite 130, Roswell, Georgia 30076, Licensor hereinafter “Firestorm”).

BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT FIRESTORM AT [email protected].

DISCLAIMER AND PRODUCT PURCHASE OR USE AGREEMENT

PURCHASER’S ACCEPTANCE OF THE TERMS OF THIS AGREEMENT IS A MATERIAL PART OF THE TOTAL CONSIDERATION REQUIRED TO PURCHASE THIS PRODUCT.

IF PURCHASER DOES NOT CHOOSE TO ACCEPT THE TERMS OF THIS AGREEMENT, PURCHASER’S ORDER WILL BE CANCELED AND PURCHASER WILL NOT BE ABLE TO COMPLETE AN ORDER.

This Agreement is applicable to any product sold by Firestorm Solutions, LLC/Firestorm Franchising, LLC/www.firestorm.com. The definition of ‘product’ includes but is not limited to:

  • any document, form, guide, manual, template, checklist, policy, eBook, web-based report or information, video recording, and audio recording, whether analog or digital, or any grouping of ‘products’ such as the Communicable Illness ToolKit(hereinafter “ToolKit”) OR COMMUNICABLE ILLNESS WEB WORKSHOP (hereafter “WEBSHOP”);
  • any related material including ad copy, promotional material, that are displayed upon or downloaded from this website or any other website or materials that Purchaser received that influenced Purchaser’s decision;
  • any product that is delivered via courier or postal service, including CDs, DVDs, printed material, audio tapes, and video tapes or via download.
  • any software and related documentation that Purchaser purchased or downloaded from this website;
  • any freeware, whether a hard product, a printable product, software, and the Agreement incorporates by reference any promotional materials that influenced Purchaser’s decision to purchase this product.
  • any licenses, distribution rights, resale rights that are sold along with the product.

WHEN PURCHASER PURCHASES THE PRODUCT, BY CLICKING ON THE APPROPRIATE BUTTON BELOW, PURCHASER IS DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THIS AGREEMENT INCLUDING THE INTEGRATED DISCLAIMERS.

GRANT OF LICENSE

Firestorm hereby grants Purchaser a limited, non-exclusive, non-transferable license to use the product in its intended manner, solely for Purchaser’s internal business use and not for any distribution or sub-licensing to any third party. Firestorm retains exclusive ownership interest in all products, technology and any other proprietary materials or content that Firestorm supplies to Purchaser under this Agreement.

TERMS OF USE:

  1. The author, inventor, creator, promoter, owner of the products sold by Firestorm via its website, any other website, or through some other form of purchase (by mail, telephone, face-to-face meeting), have used their best efforts in preparing these products.
  2. Firestorm strives to keep its products accurate, current and up-to-date however because the circumstances surrounding a communicable illness outbreak are changing rapidly, Firestorm cannot guarantee that all the information in its marketing materials, products or on its website or any other website is completely current, accurate, or applicable. All products are provided “As-Is,” without representation warranty or condition of any kind whatsoever. Purchaser acknowledges that there may be special conditions in their operations that require modification of these products. It is the ultimate responsibility of the Purchaser to determine their sufficiency for the use intended with or without change.
  3. To the maximum extent provided by law, Firestorm, its agents, directors and officers shall not be liable for any damages whatsoever (including compensatory, special, direct, incidental, indirect, consequential, punitive or any other damages) arising out of the use or the inability to use the products provided in the ToolKit or WEBSHOP.
  4. As always, the advice of a competent planning professional should be sought.
  5. Firestorm does not warrant the performance, effectiveness or applicability of any sites listed or linked to in this product.
  6. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
  7. This product and its attendant materials are copyrighted. No part of this may be copied, or changed in any format, sold, or used in any way other than what is outlined within this product under any circumstances.
  8. Neither the purchase nor sale of this product are intended to create, and receipt does not constitute an attorney-client relationship, is not provided in the course of an attorney-client relationship, and is not intended to constitute legal or medical advice or to substitute for obtaining legal or medical advice concerning the issues addressed herein. Purchaser must ensure that plans, policies, and methods of implementation comply with all relevant laws and regulations.
  9. The ToolKit OR WEBSHOP does not constitute a ‘plan’ nor does any individual product in the ToolKit or WEBSHOP constitute a ‘plan’. The purchaser may use this ToolKit OR WEBSHOP as a development tool to create a plan.
  10. By purchasing these products, Purchaser agrees and acknowledges that such products are being purchased for Purchaser’s personal or business use, and that special conditions may exist in Purchaser’s operations that require modification of these products. It is the ultimate responsibility of the Purchaser to determine product sufficiency for the use intended, with or without change. It should be understood that any changes made to the content, appearance, or layout of any original product, without the assistance of Firestorm, have been made at the risk of affecting the validity of the product and that Firestorm cannot be held responsible for any consequences resulting there from. Firestorm is available for product support.
  11. All products in the ToolKit OR WEBSHOP belong exclusively to Firestorm Solutions LLC/Firestorm Franchising LLC/www.firestorm.com. The unauthorized reproduction of Firestorm’s products is forbidden, and may not be sold or redistributed without the express written consent of Firestorm. Firestorm’s copyrights and proprietary rights will be strictly enforced.

RESTRICTIONS

Purchaser will not reproduce, distribute, modify, publish, display, broadcast, merge, link, disclose, sell, rent, lease, loan, create derivative works of or assign, license, sub-license, or otherwise encumber the rights and license granted hereunder, or otherwise use for any third party any Firestorm products, nor will Purchaser attempt (or allow any third party) to reverse engineer, disassemble or otherwise attempt to derive any of the underlying structure or methodology of any Firestorm Products, and Firestorm reserves all rights in and to the products that are not expressly granted hereunder. Purchaser may not market, co-brand, and private label or otherwise permit third parties to access the products in the ToolKit, WEBSHOP, or any part thereof. Purchaser may not use the products in the Communicable Illness ToolKit, WEBSHOP, or any part thereof, for the benefit of any other person or entity. Purchaser may not cause, assist or permit any third party to do any of the foregoing.

TITLE

Firestorm remains the owner of all right, title and interest in the product and related materials. We reserve all rights not specifically granted to Purchaser above. The license granted above will be narrowly construed in Firestorm’s favor. Firestorm will have the right to proceed against Purchaser in the event that Purchaser infringes against our rights. Any use not within the precise scope of the license set forth above will be considered an infringement. In the event of infringement, Firestorm reserves the right to proceed with any legal remedy available to it, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy.

TERM AND TERMINATION

This purchase Agreement takes effect upon Purchaser’s receipt of the product and remains effective until terminated. Purchaser may terminate it at any time by destroying all copies of the product in Purchasers possession. It will also automatically terminate if Purchaser fails to comply with any term or condition of this license Agreement. Purchaser agrees on termination of this license to destroy all copies of the product, including electronic versions, in Purchasers possession.

CONFIDENTIALITY

The product contains trade secrets and proprietary know-how that belong to Firestorm and it is being made available to Purchaser in strict confidence. ANY USE OR DISCLOSURE OF THE PRODUCT OTHER THAN IN STRICT ACCORDANCE WITH THIS AGREEMENT MAY BE ACTIONABLE AS A VIOLATION OF FIRESTORM’S TRADE SECRET RIGHTS.

PRODUCT DISCLAIMER

Firestorm’s products, included in the Communicable Illness ToolKit OR WEBSHOP, have important consequences, and should be prepared and executed under the supervision of planning professionals. Purchaser acknowledges that there may be special conditions in their operations that require modification of these products. It is the ultimate responsibility of the Purchaser to determine their sufficiency for the use intended with or without change. Liability will not be accepted for any loss or damage however caused or by who ever used. The products included in the ToolKit OR WEBSHOP are provided “As-Is,” without warranty or condition of any kind whatsoever. To the maximum extent provided by law, Firestorm, its agents, directors and officers shall not be liable for any damages whatsoever (including compensatory, special, direct, incidental, indirect, consequential, punitive or any other damages) arising out of the use or the inability to use the products provided in this ToolKit OR WEBSHOP.

Firestorm’s products include content and information that has been aggregated and drawn from members of Firestorm’s Expert Council, staff, and from a wide variety of information in the public domain, including from the World Health Organization, the Centers for Disease Control, Flu.gov, Department of Homeland Security, US Department of State, US Department of Labor, various state government websites, and a variety of other sources. Unless specifically stated, content and information derived from the public domain has been edited, re-written, added to, or taken away from by Firestorm.
It should be understood that any changes made to the content, appearance, or lay-out of any Firestorm product by Purchaser have been made at the risk of affecting the validity of the product. Firestorm cannot be responsible for any consequences resulting from changes Purchaser has made to these products. It is strongly recommended that Purchaser seek the advice of a planning professional about the validity and the consequences of any changes Purchaser has made to these products. THE ENTIRE RISK, AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCTS AND/OR SERVICES, ARE ASSUMED BY PURCHASER.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FIRESTORM SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND PURCHASER MANY NOT RELY ON SUCH INFORMATION OR ADVICE TO DO SO.

TECHNOLOGY DISCLAIMER

Purchaser understands that Firestorm cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Purchaser is responsible for implementing sufficient procedures and checkpoints to satisfy Purchaser’s particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Firestorm does not assume any responsibility or risk for Purchaser’s use of the Internet.

LIMITATION & EXCLUSION OF LIABILITY

In no event will Firestorm be liable to Purchaser or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, loss of business information or any other pecuniary loss) arising out of the use of, or inability to use, the ToolKit, WEBSHOP, or other Firestorm product, or for any claim by any other party, even if Firestorm has been advised of the possibility of such damages. Firestorm makes no guarantees or assurances that the ToolKit, WEBSHOP, and products therein will achieve Purchaser’s specific goals. If this limitation of liability or the exclusion of warranty set forth herein is held inapplicable or unenforceable for any reason, then the cumulative maximum liability of Firestorm, its affiliates, including their officers, directors, employees, subcontractors, agents, successors or assigns, for any type of damages shall limited to the amount paid for the Tool Kit, WEBSHOP, or product. Some states do not allow the exclusion or limitations provided herein and they may not apply to Purchaser. Purchaser may also have other rights that may vary from state to state.

INDEMNITY

Purchaser agrees, when using the ToolKit or information from the WEBSHOP, and the products contained therein to implement a communicable illness plan, to use all appropriate care, under the guidance of planning professionals. Purchaser agrees to indemnify, defend, and hold harmless Firestorm and its subsidiaries, affiliates, officers, directors, employees, subcontractors, agents, successors or assigns from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys fees) arising from Purchasers use of Firestorm’s products, Purchaser’s development of a Communicable Illness/Pandemic Plan, Purchaser’s violation of this Agreement, Purchaser’s breach of these Terms of Use, including any use of content other than as expressly authorized in these Terms of Use, or Purchaser’s infringement of any intellectual property or other right of any third party.

DISPUTES

This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of New York, without regard to its conflict of laws provisions, as it is applied to Agreements entered into and to be performed entirely within such jurisdiction. The exclusive forum for any action arising hereunder is in a court of competent jurisdiction in the State of New York.

To the extent Purchaser has in any manner violated or threatened to violate Firestorm’s intellectual property rights, Firestorm and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and Purchaser consents to exclusive jurisdiction and venue in such courts.

GENERAL PROVISIONS

Purchaser acknowledges and agrees that no agency, partnership, franchise, joint venture, or employer-employee relationship, is intended or created by this Agreement.

This Agreement, the rights granted hereunder, and all Firestorm Reserved Technology, including the Communicable Illness ToolKit OR WEBSHOP, shall not be assigned by Purchaser without the prior written consent of Firestorm Solutions, LLC.

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 affect the intention of the parties.

This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and may only be amended by a document in writing.

Article headings are included for convenience only and form no part of the Agreement.

Purchaser agrees that any notice to be sent to Purchaser, including but not limited to any legal notices and court-related notices, shall be sent to Purchaser via Email at the Email address that Purchaser designated when a license to use Firestorm’s products was purchased. Any notices to Firestorm must be by certified mail, return receipt requested, at the address set forth in the product that Purchaser purchased from us.

Firestorm reserves the right to unilaterally amend any offers, pricing terms or other matters pertaining to the products on our web site. For all other matters, any amendments to this Agreement must be in writing and signed by both parties. No course of dealing or trade usage shall be deemed to amend the terms of this Agreement.

This written purchase Agreement is the exclusive Agreement between Purchaser and Firestorm concerning the product and related materials and supersedes any prior purchase order, communication, advertising or representation concerning the product.

This purchase Agreement may be modified only by Firestorm and such modification can be made at any time, without notice to Purchaser, and by accepting this Purchase Agreement, Purchaser so agrees.

 

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