Terms of Use Agreement For AK SafetyNet Subscription 1. License and Terms. By accessing this web site, Users agree to be bound by all of the terms and conditions of the Terms of Use Agreement ("Agreement") set forth below. This Agreement is a legal agreement between AK PRODUCTIONS, LLC ("AK") and you as an individual end user ("Individual User") of the Product. 2. Product. This Agreement is binding between Users and AK for the AK SafetyNet Subscription, 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, hours of availability, 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. 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 or the safety training video offered via 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. You shall be responsible for protecting the confidentiality of your password(s). 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. You also need to be aware of planning for responses to local threats (tornados, hurricane, earthquake, flooding, etc.). If you are unsure about any issues related to fire or life safety, you need to consult with your supervisor, warden team, or property management, as appropriate. Although we review our content, we cannot guarantee or take responsibility for the accuracy of the content we provide, 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 also takes no responsibility for the emergency training, planning or related resources that Account Managers may post to the SafetyNet page. These materials are provided for information purposes only. 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. 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. The Product is protected by copyright laws and international treaty provisions. All rights not granted herein are expressly reserved by AK. 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 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 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 PRODUCT. 9. Government End Users. If you are acquiring 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. 10. Termination. This Agreement is effective until terminated. This Agreement will terminate immediately without notice from AK if you fail to comply with any provision of this Agreement. 11. 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. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PRODUCT. BY USING THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.