Western Wildfire Systems, LLC - Terms of Service
**Effective Date:** April 28, 2025
**PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES PROVIDED BY WESTERN WILDFIRE SYSTEMS, LLC, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.**
This Terms of Service Agreement ("Agreement") governs your access to and use of the wildfire protection systems, products, installation services, consultation services, and related offerings (collectively, the "Services") provided by Western Wildfire Systems, LLC, a Delaware limited liability company ("Western Wildfire Systems," "we," "us," or "our").
**1. Acceptance of Terms**
By purchasing, installing, or utilizing any Services provided by Western Wildfire Systems, you, the customer ("Customer," "you," or "your"), acknowledge that you have read, understood, and agree to be bound by this Agreement, including any future modifications. Western Wildfire Systems reserves the right to modify this Agreement at any time, with modifications becoming effective immediately upon posting to our website or direct notification to you. Your continued use of the Services after any such modifications constitutes your acceptance of the revised Agreement.
**2. Description of Services**
Western Wildfire Systems specializes in the design, manufacture, installation, and consultation related to wildfire protection systems. Our Services include, but are not limited to:
* Manufacturing and supplying wildfire protection equipment, including fire pumps, hydration discharge systems (e.g., sprinkler systems, water cannons), control systems, and related components.
* Professional installation of wildfire protection systems at customer properties.
* Consultation services regarding wildfire risk assessment, system design, and mitigation strategies.
* Maintenance and support services as may be agreed upon separately.
**3. Customer Responsibilities**
You agree to:
* Provide accurate and complete information required for the design, installation, and operation of the Services.
* Grant Western Wildfire Systems and its authorized personnel reasonable access to your property for installation, maintenance, and inspection purposes.
* Operate and maintain the installed systems in accordance with the operational guidelines, manuals, and instructions provided by Western Wildfire Systems.
* Ensure an adequate and reliable water supply and power source (as applicable) for the system's operation.
* Comply with all applicable local, state, and federal laws and regulations related to property maintenance, fire safety, and defensible space.
* Understand that the effectiveness of the Services depends on various factors, including proper maintenance, environmental conditions, and the specific characteristics of a wildfire event.
* MONTHLY SYSTEM INSPECTION* As the owner, you acknowledge that you are solely responsible for conduction inspections and functional testing of the installed systems no less than once every thirty (30) calendar days.
In the event you become aware of, observe or reasonably suspect any malfunction, defect, interruption, or failure of any type of the operation of the installed systems during monthly tests, you are required to immediately notify Western Wildfire Systems, LLC. without delay. Notification must be made via email to mardo77hne33w@hotmail.com, or by phone call at 310-457-0133 or text message to 310-924-4755 or 310-467-6748. Your failure to promptly report such issues may result in increased risk of system failure, from which Western Wildfire Systems, LLC. will not be responsible for any resulting loss, damage, or injury due to system malfunction or failure.
**4. Payment Terms**
Pricing for Services will be outlined in a separate proposal or agreement provided to you. You agree to pay all fees and charges associated with the Services in accordance with the payment schedule specified. Late payments may incur interest charges and could result in suspension or termination of Services. All applicable taxes are the responsibility of the Customer unless otherwise stated.
**5. Intellectual Property**
All intellectual property rights associated with the design, technology, software, documentation, and components of the Services provided by Western Wildfire Systems, including patents, copyrights, trademarks, and trade secrets, are and shall remain the exclusive property of Western Wildfire Systems or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the installed system for its intended purpose only. You agree not to reverse engineer, decompile, modify, or create derivative works from any part of the Services.
**6. Disclaimers of Warranties**
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WESTERN WILDFIRE SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WESTERN WILDFIRE SYSTEMS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
**SPECIFIC DISCLAIMER REGARDING WILDFIRE DAMAGE:** YOU ACKNOWLEDGE AND AGREE THAT WILDFIRES ARE INHERENTLY DANGEROUS, UNPREDICTABLE, AND POTENTIALLY CATASTROPHIC NATURAL EVENTS. WHILE THE SERVICES PROVIDED BY WESTERN WILDFIRE SYSTEMS ARE DESIGNED AND INTENDED TO MITIGATE THE RISK OF WILDFIRE DAMAGE TO PROPERTY, WESTERN WILDFIRE SYSTEMS MAKES **NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICES WILL PREVENT ANY OR ALL DAMAGE, LOSS, OR DESTRUCTION CAUSED BY WILDFIRE, FIRE, SMOKE, EMBERS, HEAT, OR ANY RELATED PERILS.** THE EFFECTIVENESS OF THE SYSTEMS CAN BE OVERWHELMED BY THE SEVERITY, INTENSITY, SPEED, AND UNPREDICTABLE NATURE OF WILDFIRES, AS WELL AS OTHER FACTORS BEYOND OUR CONTROL, INCLUDING BUT NOT LIMITED TO, WIND CONDITIONS, FUEL LOAD, TOPOGRAPHY, SYSTEM MAINTENANCE BY THE CUSTOMER, WATER SUPPLY ISSUES, POWER OUTAGES, AND THE ACTIONS OR INACTIONS OF THIRD PARTIES (INCLUDING EMERGENCY RESPONDERS).
WESTERN WILDFIRE SYSTEMS DOES NOT GUARANTEE THAT THE SYSTEM WILL ACTIVATE IN ALL CIRCUMSTANCES OR PROVIDE COMPLETE PROTECTION TO ANY STRUCTURE OR ITS CONTENTS. RELIANCE ON THE SERVICES IS AT YOUR OWN RISK. WESTERN WILDFIRE SYSTEMS STRONGLY RECOMMENDS MAINTAINING ADEQUATE PROPERTY INSURANCE COVERAGE FOR WILDFIRE AND RELATED RISKS.
**7. Limitation of Liability**
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WESTERN WILDFIRE SYSTEMS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WESTERN WILDFIRE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO:
* THE USE OR INABILITY TO USE THE SERVICES;
* THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
* UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
* STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
* ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGE OR LOSS TO PROPERTY OR PERSONAL INJURY ARISING FROM WILDFIRE, FIRE, SMOKE, OR SYSTEM OPERATION OR FAILURE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WESTERN WILDFIRE SYSTEMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO WESTERN WILDFIRE SYSTEMS FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WESTERN WILDFIRE SYSTEMS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
**8. Indemnification**
You agree to indemnify, defend, and hold harmless Western Wildfire Systems, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of this Agreement, your use or misuse of the Services, or your violation of any applicable laws or rights of a third party.
**9. Governing Law and Dispute Resolution**
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Southern California before one arbitrator.
**10. Termination**
Western Wildfire Systems reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and to block or prevent your future access to and use of the Services for any reason, including your breach of this Agreement. You may terminate this Agreement by ceasing all use of the Services and providing written notice to Western Wildfire Systems, subject to any ongoing payment obligations.
**11. Severability**
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
**12. Entire Agreement**
This Agreement, together with any proposals, quotes, or specific service agreements provided by Western Wildfire Systems, constitutes the entire agreement between you and Western Wildfire Systems relating to the subject matter herein and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Western Wildfire Systems.