Wildfire Prepared Home™ User Agreement
Wildfire Prepared Home™ User Agreement
This Wildfire Prepared Home User Agreement (“Agreement”) is a binding legal agreement between the individual who applies for a Wildfire Prepared Home designation (“You”) and the Insurance Institute for Business & Home Safety (“IBHS”) (collectively, “Parties”).
As a condition for participating in the Wildfire Prepared Home designation program, including accessing the Wildfire Prepared Home designation portal available through this Wildfire Prepared Home website or mobile device application, You agree to the following terms and conditions. You are deemed to have read, understood and accepted all such terms and conditions upon submitting an application for a Wildfire Prepared Home designation. For the purposes of this agreement, “Wildfire Prepared Home designation” refers to both levels of available designation: Wildfire Prepared Home and Wildfire Prepared Home Plus.
TERMS AND CONDITIONS
1. The Wildfire Prepared Home designation portal is the sole mechanism by which you may apply for a Wildfire Prepared Home designation.
2. You represent and warrant that the information submitted to IBHS, whether with your Wildfire Prepared Home application or through other means, is true and accurate to the best of your knowledge.
3. You agree to pay all fees associated with the Wildfire Prepared Home program, including the application fee and subsequent annual landscape review fees, and hereby authorize IBHS’s Payment Processor Stripe to charge your credit card for all fees associated with the Wildfire Prepared Home program. Fees associated with the Wildfire Prepared Home program, including the application fee and landscape review fee, are subject to change without notice.
4. You agree to allow the Wildfire Prepared Home inspection service to access, including by leaving any gates necessary to obtain access to the property unlocked during the inspection period, and photograph your house and property as part of the Wildfire Prepared Home application process. Such photographs will be submitted to the designation portal. You agree that failure to provide access to your property may result in an incomplete inspection report and denial of your application for a designation.
5. You agree to provide IBHS with all information requested in the Wildfire Prepared Home application and comply with other program requirements, including annual landscape reviews. You agree that failure to provide this information may result in denial of your application for a designation or suspension of an active designation.
6. Wildfire Prepared Home, including all content on the designation portal, are owned by IBHS and are protected by U.S. copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
8. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these terms and conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of IBHS, its members and the public.
9. IBHS makes no representations or warranties on the effect of a Wildfire Prepared Home designation on the availability or pricing of your property insurance.
10. IBHS reserves the right to modify or discontinue, temporarily or permanently, the Wildfire Prepared Home program, including the designation portal (or any part thereof) or any aspect of the Wildfire Prepared Home technical standard, with or without notice. IBHS shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Wildfire Prepared Home program orthe designation portal.
11. You hereby agree to indemnify, defend and hold harmless IBHS, and its affiliates, officers, directors, agents, partners, employees, licensors, members, representatives and third-party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of your actions or breach of any representation or warranty hereunder. IBHS reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this provision and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
12. Notice for California Users. Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
13. Statute of Limitations. You agree that any claim or cause of action arising out of or related to use of Wildfire Prepared Home or the Wildfire Prepared Home User Agreement must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.
14. RESOURCES ASSOCIATED WITH WILDFIRE PREPARED HOME PROGRAM, INCLUDING THE WEBSITE AND APPLICATION AND ANY OTHER MATERIALS MADE AVAILABLE BY IBHS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IBHS AND ITS AFFILIATES, LICENSORS, MEMBERS, SUPPLIERS, DIRECTORS, OFFICERS, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IBHS AND ITS AFFILIATES, LICENSORS, MEMBERS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WILDFIRE PREPARED HOME SITE AND APP WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SITE AND APP AND ITS FEATURES AND SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD-PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF IBHS OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR PARTICIPATION IN WILDFIRE PREPARED HOME IS ENTIRELY AT YOUR OWN RISK.
15. NEITHER IBHS NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, MEMBERS, LICENSORS, OR SUPPLIERS, NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR PARTICIPATION IN WILDFIRE PREPARED HOME. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PROGRAM IS TO DISCONTINUE ACTIVITIES RELATING TO THE PROGRAM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO IBHS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN
16. Electronic Notices. You agree that IBHS may communicate with You electronically regarding any issues relating to Your use of the Wildfire Prepared Home designation portal, and its features and Services, as well as your compliance with the terms of this Wildfire Prepared Home User Agreement. These communications may include information regarding annual landscape reviews, recertification of the designation, and/or additional products and services related to the designation. We may also send you marketing emails that offer you services or products that may be applicable to You. If you wish to no longer received these marketing emails and “opt out” of these communications, please email IBHS at email@example.com to do so. Please note that even if you “Opt Out” of the marketing emails, we may need to still email You about Your account or the Designation.
18. Entire Agreement. These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between IBHS and You with respect to such subject matter.
19. Severability. If any provision of this Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severable from the remainder of this agreement and shall not affect the validity and enforceability of any remaining provisions of this agreement.
20. Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of IBHS to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
21. No Agency. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither IBHS nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
22. Governing Laws. this Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the state of South Carolina without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of South Carolina.
23. Agreement to Arbitrate: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, and/or the Wildfire Prepared Home designation shall be decided by binding arbitration which shall be conducted, at the request of any party before one arbitrator designated by the American Arbitration Association (the “AAA”), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). The arbitrator, and not any federal, state, or local court or agency, shall also have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of the Agreement and this Agreement to Arbitrate including, but not limited to any claim that all or any part of this Agreement and Agreement to Arbitrate is void or voidable or what law to apply. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party’s actual damages. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.
24. Forum Selection: Jurisdiction and venue for any arbitration, action or proceeding involving this Agreement shall be South Carolina.
25. Class Action Waiver. Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither You nor IBHS will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitration or proceedings.
26. Cost-Shifting Provision. The prevailing party in any such action or proceeding shall recover its reasonable costs, expenses, and attorney’s fees incurred in such action or proceeding from the non-prevailing party.
27. E-Sign Consent: Both IBHS and You agree to conduct business electronically, and to be bound by electronic signatures for this Agreement.
June 17, 2022