This educational fire safety website application (the “Web App”) is operated by Walter Kidde Portable Equipment, LLC, and their respective subsidiaries, affiliates and/or related entities (collectively, “Kidde”). These Terms of Use (the “Web App Terms of Use”) set out the general terms and conditions which govern your access to, and use of, the Web App.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE WEB APP AND YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE WEB APP, YOU AGREE TO BE LEGALLY BOUND BY THESE WEB APP TERMS OF USE; IF YOU DO NOT AGREE, DO NOT ACCESS NOR USE THE WEB APP.

Additional terms that govern your access to and use of the Web App are set out in the current kidde.com website (the “Website”) terms of use available at: https://www.kidde.com/terms-of-use (the “Terms of Use”). In addition to these Web App Terms of Use, your access to and use of the Web App is subject to the Website Terms of Use. In the event of any conflict or any inconsistency between any provision of these Web App Terms of Use and any provision of the Website Terms of Use, these Web App Terms of Use shall prevail.

Without limiting any of the foregoing, by accessing or using the Web App, you: (a) acknowledge that you have reviewed and understand our Privacy Policy (available at: https://KiddeFireSimulator.com/ca-en/privacy-policy) as it applies to the Web App (the “Web App Privacy Policy”); and (b) consent to the practices described in that policy.

These Web App Terms of Use are a binding legal contract between you and Kidde. Please read these Web App Terms of Use carefully before accessing or using the Web App. By accessing or using the Web App, you represent that you have read and agree to be legally bound by and to comply with: (i) these Web App Terms of Use; and (ii) the Website Terms of Use, Web App Privacy Policy, and any other applicable terms that may be communicated to you in connection with the Web App (collectively, the “Additional Terms”).

IMPORTANT NOTE – LIMITATION OF LIABILITY AND ASSUMPTION OF RISK: BY ACCESSING OR USING THE WEB APP, YOU ARE AGREEING TO ACCEPT CERTAIN LIABILITY LIMITATIONS AND LEGAL DISCLAIMERS (NOTABLY, PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK (SECTION 6), LIMITATION OF LIABILITY (SECTION 12), DISCLAIMERS OF WARRANTIES (SECTION 14), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 15)), WHICH ARE FURTHER EXPLAINED BELOW IN THESE WEB APP TERMS OF USE AND APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE WEB APP IS DESIGNED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NOTHING STATED, REPRESENTED OR OTHERWISE COMMUNICATED IN OR ABOUT THE WEB APP IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, PERSONALIZED INFORMATION NOR INFORMATION THAT SHOULD SUBSTITUTE ADVICE FROM A FIRE SAFETY PROFESSIONAL. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY PRACTICES AND THE SAFETY OF ANY APPLICABLE PROPERTY. YOUR ACCESS TO AND USE OF THE WEB APP IS VOLUNTARY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IS AT YOUR OWN RISK.

You must be a legal resident of Canada or the United States, who is 13 years of age or older to access or use the Web App. You must comply with all applicable laws in the course of using the Web App.

IMPORTANT NOTE – MINORS: If you are between the ages of 13 years and the legal age of majority in your jurisdiction of residence (each, a “Minor”), you must only access or use the Web App: (i) under the direct supervision of your parent or legal guardian, who has agreed on your behalf and on their own behalf that each of you will be legally bound by these Web App Terms of Use and all applicable Additional Terms; and (ii) in accordance with all of the applicable instructions, terms, conditions and/or policies as may be stipulated by Kidde within the Web App (including, without limitation and as applicable, regarding component(s) of the Web App that are open to use by Minors). If you are a parent or legal guardian agreeing to these Web App Terms of Use (and, as applicable, Additional Terms) for the benefit of a Minor, please be advised that you are fully responsible for: (a) such Minor’s access to and use of the Web App in accordance with these Web App Terms of Use; and (b) any legal liability that such Minor may incur in connection with their access to and use of the Web App.

In order to use the Web App’s full functionality, you must: (i) access the Web App online from a compatible mobile or tablet device; and (ii) when prompted, follow the Web App’s instructions to allow access to your device’s: (a) camera; and (b) motion and orientation features. Desktop devices may not have access to the Web App’s full functionality. If you access the Web App from a non-compatible device and/or do not grant access to your device’s camera and motion and orientation features, you will not have access to the Web App’s full functionality and will only be able to access limited components of the Web App.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE WEB APP VOLUNTARILY AT YOUR OWN RISK AND THAT YOU MUST ALWAYS USE YOUR OWN JUDGMENT WITH CAREFUL CONSIDERATION OF YOUR REAL-WORLD SURROUNDINGS. YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTIONS, DECISIONS AND WHATEVER MAY RESULT FROM YOUR USE OR MISUSE OF THE WEB APP. YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT YOU ASSUME ANY AND ALL RISKS IN CONNECTION WITH YOUR USE OF THE WEB APP AND THAT NO RESULTS ARE GUARANTEED FROM THE USE OF THE WEB APP BY KIDDE, ITS AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSEES AND ANY OTHER PERSON OR ENTITY INVOLVED IN THE ORGANIZATION, ADMINISTRATION, PREPARATION OR EXECUTION OF THE WEB APP, AND EACH OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUCCESSORS, TRANSFEREES, ASSIGNEES, AND LICENSEES (COLLECTIVELY, THE “WEB APP PARTIES”).

Without limiting the generality of the foregoing, you acknowledge and agree that:

1. Educational Purpose – The Web App is for general informational and educational purposes only. The information provided through the Web App is not intended to be personalized fire safety advice nor a substitute for professional advice that is to be provided by a fire safety professional. You are hereby advised to consult with a fire safety professional for any and all questions and concerns you have pertaining to fire safety (including without limitation in relation to your home). You agree that the Web App Parties are not responsible for the safety of yourself or anyone else in the event of a fire nor the adequacy of your fire safety planning, practices and equipment. YOU ARE SOLELY RESPONSIBLE FOR THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE WEB APP.
2. Technology and Information – Augmented reality technology is limited in its ability to capture, assess and provide appropriate information with respect to real-world environments and to simulate real-world situations. Without limiting the generality of the foregoing, dramatizations and timers presented via the Web App will not reflect real-world fire situations. Fire spreads in a dynamic manner based on several factors that cannot be accurately predicted and presented via augmented reality. Do not rely on a dramatization or timer to accurately predict the spread of fire in the real-world. The Web App Parties make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information provided through the Web App. Further, you acknowledge and agree that fire safety research and best practices are constantly evolving. Therefore, the Web App Parties cannot be held responsible or accountable for the currency nor accuracy of the Kidde Content (defined below). YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION PROVIDED THROUGH THE WEB APP MAY CONTAIN INACCURACIES OR ERRORS AND THE WEB APP PARTIES ARE NOT LIABLE FOR ANY SUCH INACCURACIES OR ERRORS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
3. Health and Safety – The Web App Parties cannot ensure, nor do they make any warranties or representations regarding, the safety or condition of your real-world surroundings while using the Web App. Further, you are solely responsible to ensure that you are healthy and fit as required to use the interactive components of the Web App. YOU ACKNOWLEDGE AND AGREE THAT THE WEB APP PARTIES HAVE NOT MADE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE STATE OR CONDITION OF ANY OF YOUR REAL-WORLD SURROUNDINGS, NOR THE ABILITY OF THE WEB APP TO CAPTURE, ASSESS AND ACCURATELY REFLECT YOUR REAL-WORLD SURROUNDINGS (INCLUDING WITHOUT LIMITATION VIA THE AUGMENTED REALITY FEATURES OF THE WEB APP).
4. Information Security and Access – Due to the nature of the Internet, Kidde cannot completely ensure or warrant the security of the Web App or the contributions or information transmitted on or through the Web App. Your participation in, and submissions you make through, the Web App is done entirely at your own risk. The Web App Parties make no assurances about the Web App’s ability to prevent any such loss or damage to you or to any other person, company or entity arising out of access to, or use of, the Web App. Due to the nature of the Internet, Kidde further cannot guarantee that your access to the Web App will not be suspended or restricted from time to time, including without limitation to allow for repairs, maintenance or updates. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT THE WEB APP PARTIES WILL BE NOT BE LIABLE TO YOU FOR DAMAGES OR FOR ANY OTHER LOSS, SHOULD THE WEB APP BECOME UNAVAILABLE OR ACCESS TO THE WEB APP BECOME SLOW OR INCOMPLETE DUE TO ANY REASON, SUCH AS SYSTEM BACK-UP PROCEDURES, INTERNET TRAFFIC VOLUME, UPGRADES, GENERAL NETWORK FAILURES OR DELAYS, OR ANY OTHER CAUSE WHICH MAY FROM TIME TO TIME MAKE THE WEB APP INACCESSIBLE TO YOU.

By using the Web App, you represent and warrant to the Web App Parties that you have fully evaluated the Web App disclaimers and limitations set out in these Web App Terms (including without limitation as set out in Section 6(i)-(iv) above), and acknowledge and understand that use of the Web App involves certain risks and dangers of accidents, negligence, personal injury, including without limitation death, property loss or damage, and/or other loss of any nature whatsoever that may be sustained arising out of, or connected with, use of the Web App (including, without limitation, even if such accidents, personal injury, death, property loss or damage, or other loss is caused, in whole or in part, by the negligence or gross negligence of any of the Web App Parties or any third party) (collectively, the “Risks”).

You represent and warrant to the Web App Parties that you have fully evaluated the nature, scope, and extent of the Risks involved, and voluntarily and solely choose to use the Web App and to assume all Risks.

IMPORTANT NOTE – EDUCATIONAL PURPOSE AND NON-RELIANCE ON INFORMATION:

WITHOUT LIMITING ANY OF THE FOREGOING AND FOR GREATER CERTAINTY, THE WEB APP IS DESIGNED FOR GENERAL EDUCATIONAL PURPOSES ONLY. NOTHING STATED IN, OR OTHERWISE COMMUNICATED VIA, THE WEB APP IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, A SUBSTITUTE FOR INDIVIDUALIZED FIRE SAFETY ADVICE FROM A PROFESSIONAL.

YOUR ACCESS TO, AND USE OF, THE WEB APP IS VOLUNTARY AND AT YOUR OWN RISK. BY USING THE WEB APP, YOU REPRESENT AND WARRANT TO THE WEB APP PARTIES THAT YOU UNDERSTAND AND AGREE USE OF THE WEB APP INVOLVES CERTAIN RISKS (INCLUDING WITHOUT LIMITATION RISKS AND DANGERS OF ACCIDENTS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY LOSS OR DAMAGE). YOU ACKNOWLEDGE AND AGREE THAT THE WEB APP PARTIES HAVE NOT MADE ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS ABOUT YOUR SAFETY WHILE USING THE WEB APP OR RELIANCE ON INFORMATION STATED IN, OR OTHERWISE COMMUNICATED VIA, THE WEB APP. YOU UNDERSTAND, AND HAVE EVALUATED THE NATURE, SCOPE, AND EXTENT OF THE RISKS INVOLVED, AND VOLUNTARILY AND SOLELY CHOOSE TO USE THE WEB APP AND TO ASSUME ALL ASSOCIATED RISKS.

IT IS RECOMMENDED THAT YOU CONSULT WITH A FIRE SAFETY PROFESSIONAL TO ENSURE YOUR FIRE SAFETY DEVICES AND PLANNING ARE APPROPRIATE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS RECOMMENDED THAT YOU CONSULT WITH A FIRE SAFETY PROFESSIONAL BEFORE RELYING ON INFORMATION STATED IN, OR OTHERWISE COMMUNICATED VIA, THE WEB APP.

By using the Web App, you hereby accept that your use of the Web App is subject to all of the instructions, terms, conditions and/or policies as may be stipulated by Kidde within the Web App (including, without limitation, any instructions and/or safety disclaimers Kidde may include in the Web App in order to help promote the safety of individual(s) using the Web App), and acknowledge and agree that you are solely responsible and assume any and all liability for complying with any such instructions, terms, conditions and/or policies, and that Kidde and all other Web App Parties will not have any liability towards you, nor any other person or entity, for your failure to comply with any such instructions, terms, conditions and/or policies.

By using the Web App, you acknowledge and agree that you are in good health and have no physical condition that would prevent you from safely using the Web App or that would present any risk to you in doing so.

By using the Web App, you represent and warrant that you will use the Web App and participate in any Web App-related activity only with the maximum attention to safety (including, without limitation, by removing all real-world hazards before using the Web App and with maximum attention to safety while using the Web App, including without limitation by affording appropriate attention and care to stairways, balconies, furniture, exits and any other areas that may present danger), you will act in a manner that protects the health and safety of yourself and others, and you will not act recklessly (including, without limitation, will not unsafely run, jump or otherwise engage reckless behaviour) or cause any damage while using the Web App or participating in any Web App-related activity.

IMPORTANT NOTE – HAZARDS AND SURROUNDINGS: WITHOUT LIMITING ANY OF THE FOREGOING, ALWAYS BE AWARE OF YOUR SURROUNDINGS BEFORE BEGINNING USE AND WHILE USING THE WEB APP. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CREATING AND MAINTAINING A SAFE ENVIRONMENT FOR USE AT ALL TIMES. BECAUSE SERIOUS INJURIES MAY OCCUR FROM TRIPPING OR RUNNING INTO OR STRIKING WALLS, STAIRS, FURNITURE, OTHER OBJECTS OR PEOPLE, ENSURE YOU ARE AWARE OF YOUR SURROUNDINGS AT ALL TIMES AND CLEAR THE AREA FOR SAFE USE BEFORE USING THE WEB APP. PLEASE TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR ITEMS THAT YOU MAY HIT OR STRIKE, OR WHICH MAY CAUSE YOU TO LOSE YOUR BALANCE WHEN USING, OR IMMEDIATELY AFTER USING, THE WEB APP. DO NOT RUN, JUMP OR OTHERWISE ENGAGE IN ANY DANGEROUS OR UNSAFE BEHAVIOUR WHILE USING THE WEB APP. ENSURE ALL STAIRS AND EXITS ARE SAFE PRIOR TO USING THEM.

IMPORTANT NOTE – APP USE AND INSTRUCTIONS: ONLY USE THE WEB APP IN COMPLIANCE WITH ALL APPLICABLE INSTRUCTIONS AND SAFETY DISCLAIMERS THAT MAY APPEAR IN THE WEB APP. IF YOU DO NOT WANT TO USE OR PARTICIPATE IN ANY COMPONENT OF THE WEB APP, OR DO NOT FEEL SAFE TO DO SO, PLEASE EXIT THE WEB APP OR FOLLOW THE ON-SCREEN INSTRUCTIONS TO VISIT AN ALTERNATE COMPONENT OF THE WEB APP.

Without limiting any of the foregoing, you may not use the Web App to take any action that could harm Kidde or anyone else, interfere with the Web App, or use the Web App in a manner that violates any law. For example, you may not:

• Manipulate, falsify or otherwise misrepresent any information or other content that you provide, access or otherwise use in connection with the Web App (collectively, “User Content”);
• Use any unauthorized User Content, property, intellectual property to access or use the Web App;
• Access or use the Web App with any other individuals who do not meet the eligibility requirements set out above;
• Make available private information or personal information of any third party;
• Use any device, software, or program to interfere with the Web App;
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is a part of the Web App, or use any tools for compromising security; or,
• Engage in any other conduct that restricts any person from using the Web App, or that, in Kidde’s sole judgment, exposes Kidde, Web App users, or any other third party to any liability, damages, or detriment of any type.

All content, code, software and any other materials that are part of the Web App other than any User Content you may provide in connection with using the Web App (collectively, the “Kidde Content”) is the property of Kidde, its licensors or content providers, or other third parties. You may access and use the Web App and Kidde Content only for non-commercial, informational, personal use, without modification, and only so long as you comply with these Web App Terms of Use and any applicable Additional Terms.

Kidde Content is protected under the copyright laws of Canada, the United States, and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Web App are owned by Kidde or its licensors or content providers, or other third parties to the full extent permitted under the Canadian Copyright Act, the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by the content of the Web App, by an authorized person in writing, or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the Kidde Content.

Certain components of the Web App may enable you to access, display, post or otherwise use User Content in connection with the Web App. You remain fully responsible for your User Content in connection with the Web App and may only use User Content that is original to you and that you have the right to use. In addition to complying with Sections 8, 9 and 11, you agree not to use User Content that:

• Infringes or violates the copyright, trademark, patent, or other intellectual property right of any person or entity;
• Is false, misleading, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually explicit (including, without limitation, that is false or misleading regarding any “material connection” to Kidde or any other Web App Parties);
• Violates any person or entity’s right to privacy or publicity;
• Contains advertising or a solicitation of any kind;
• Personally attacks or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
• Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
• Transmits, stores, or otherwise makes available a virus, Trojan horse, worm, spyware, bot, or other harmful programming routine;
• Makes available material of a commercial nature or sends, causes or permits to be sent unauthorized commercial electronic messages, including but not limited to advertising, promotions, junk mail, spam, pyramid schemes, chain letters, or solicitations of any kind;
• Violates any applicable law, or advocates illegal activity.

By providing User Content in connection with the Web App, you grant Kidde an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You hereby waive any moral rights you may have in your User Content in favour of Kidde and its sub-licensees. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your User Content (including those shown in photographic or video content), and, in the case of Minors, also from their parents or legal guardians, as appropriate.

The Web App may offer opportunities for you to transmit User Content and/or Kidde Content via third party social networking websites and platforms. Any use of third party social networking features through the Web App is subject to the terms of use of the applicable third party website or platform, in addition to these Web App Terms of Use and applicable Additional Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

You may link to the Web App provided that you do so in a way that is fair and legal and does not damage the reputation of Kidde or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on Kidde’s part where none exists. You may only transmit User Content and/or Kidde Content via third party social networking websites and platforms (including, without limitation, by linking to the Web App) in a review, testimonial or related representation that you’ve created about the Web App and that: (i) reflects your true and honest opinion of and experience with the Web App; and (ii) as applicable, clearly discloses any “material connection” that you have to Kidde or any other Web App Parties. Kidde reserves the right to withdraw linking permission without notice.

THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY, SO SOME OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW.

To the maximum extent permitted pursuant to applicable law, the Web App Parties will not be held responsible or liable in any way for the information, experience, or materials that you request or receive through the Web App, including without limitation, for any use of or reliance on the information provided through the Web App in any way.

To the maximum extent permitted pursuant to applicable law, the Web App Parties will not be held responsible or liable in any way for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental condition or issue, or otherwise, due to any act or default of anyone or any business, including without limitation any Web App Parties.

To the maximum extent permitted pursuant to applicable law, the Web App Parties do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering the Web App. In addition, you acknowledge and agree that the Web App Parties are not liable for any defamatory, offensive or illegal conduct of any other Web App participant or user, including you.

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL KIDDE OR ANY OTHER WEB APP PARTY BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS INCURRED BY YOU OR OTHERS ARISING OUT OF OR OTHERWISE CONNECTED WITH THESE WEB APP TERMS OF USE, THE ADDITIONAL TERMS, OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEB APP, INCLUDING WITHOUT LIMITATION ANY KIDDE CONTENT, OR USER CONTENT OR ANY SITES LINKED FROM THE WEB APP, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF KIDDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSSES CAUSED OR IN CONNECTION WITH ANY ACCIDENTS, DELAYS, INJURIES, HARM (INCLUDING WITHOUT LIMITATION, PHYSICAL, MENTAL, EMOTIONAL, OR SPIRITUAL INJURY OR HARM), DEATH, PROPERTY LOSS OR DAMAGE, MISAPPLICATION OF INFORMATION, USE OF OR RELIANCE ON INFORMATION PERSONAL OR BUSINESS INTERRUPTIONS, PHYSICAL OR MENTAL CONDITION OR ISSUE, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER TECHNOLOGICAL ISSUE, AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER CAUSED EVEN IF FORESEEABLE) AND YOU HEREBY RELEASE THE WEB APP PARTIES FROM ANY AND ALL CLAIMS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, KIDDE’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE WE APP.

You agree at all times to defend, indemnify and hold harmless the Web App Parties from and against any and all demands, claims, causes of action, damages, liabilities, costs, expenses, judgments, fines, interest, penalties, losses, and harms, including without limitation legal fees, fees of other professional advisers, and expenses that: (i) arise out of or are related to your participation in, use or misuse of the Web App; (ii) assert your breach of any obligation, warranty, representation or covenant set forth in these Web App Terms of Use or in any other agreement with the Web App Parties; (iii) arise out of or are related to your failure to comply with any applicable laws or regulations in connection with the Web App, or your negligence, willful misconduct, or violations of the intellectual property, privacy or any other rights of any person in connection with the Web App; or (iv) arise out of or relate to your conduct in connection with the Web App or with other users of the Web App. The Web App Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Web App Parties in connection therewith. These obligations will survive any termination of these Web App Terms of Use and/or Additional Terms.

THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF REPRESENTATIONS, WARRANTIES OR CONDITIONS, SO SOME OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW.

YOUR USE OF THE WEB APP IS ENTIRELY AT YOUR OWN RISK. THE WEB APP PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE WEB APP, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE WEB APP OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE WEB APP OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE WEB APP. THE WEB APP IS PROVIDED "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE WEB APP OR OTHERWISE BY KIDDE. FURTHER, THERE IS NO WARRANTY THAT THE WEB APP WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE WEB APP, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED IN THE WEB APP WILL BE TIMELY, SECURE, ACCURATE, ERRORFREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. KIDDE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR KIDDE CONTENT, AND IN CONNECTION WITH ANY RESULTS OF THE USE OF THE WEB APP. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF KIDDE SHALL CREATE ANY WARRANTY OR CONDITION.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

EXCEPT AS EXPRESSLY SET OUT BELOW, THIS SECTION DOES NOT APPLY TO RESIDENTS OF THE PROVINCE OF QUEBEC.

The following terms apply to all legal disputes between you and Kidde.

Governing Law:

1. For residents of Canada (excluding Quebec) – These Web App Terms of Use and Additional Terms (unless otherwise specifically stated within any Additional Terms) are governed by the laws of Canada and the Province of Ontario, without giving effect to their principles of conflicts of law. Except where prohibited by applicable law, by using the Web App, you waive any claims that may arise under the laws of other states, provinces, countries, territories, or jurisdictions. As applicable, you hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to the Web App, and any related matters.
2. For residents of Quebec, Canada – These Web App Terms of Use and Additional Terms (unless otherwise specifically stated within any Additional Terms, to the maximum extent permitted by law) are governed by the laws of Canada and the Province of Quebec, without giving effect to their principles of conflicts of law. Except where prohibited by applicable law, by using the Web App, you waive any claims that may arise under the laws of other states, provinces, countries, territories, or jurisdictions As applicable, you hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to the Web App, and any related matters.
3. For residents of the United States - These Web App Terms of Use and Additional Terms (unless otherwise specifically stated within any Additional Terms) are governed by the laws of the state of Delaware, without giving effect to their principles of conflicts of law. Except where prohibited by applicable law, by using the Web App, you waive any claims that may arise under the laws of other states, provinces, countries, territories, or jurisdictions. As applicable, you hereby irrevocably submit to the exclusive jurisdiction of the courts of the Delaware in relation to all disputes arising from or related to the Web App, and any related matters.

Except where prohibited by applicable law, by using the Web App, you agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Web App shall be resolved individually, without resort to any form of class or representative action and exclusively by arbitration, as set out below; (b) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, but in no event legal fees; and (c) under no circumstances will you be permitted to seek recovery for, and you hereby waive any and all rights to claim or seek recovery of punitive, incidental and/or consequential damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased.

Except where prohibited by applicable law, by using the Web App, you agree that any and all disputes, claims, and causes of action arising out of or connected with the Web App shall be referred to and finally resolved by binding arbitration:

1. For residents of Canada (excluding Quebec) – The arbitration shall be commenced and conducted before the Canadian Arbitration Association, pursuant to the general Canadian Arbitration Association Rules for Arbitration. The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Any party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. Any such dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

You agree that regardless of any statue or law to the contrary, any arbitration must be filed within one (1) year after such claim or cause of action arose or be forever barred.

By accessing and/or using the Web App in any manner, you agree to the above arbitration agreement, to the maximum extent permitting by applicable law. In doing so, you give up the right to go to court to assert or defend any claims between you and the Web App Parties. You also give up your right to participate in a class action or other class proceeding.

In the event of a dispute between the Web App Parties and you, you agree to not engage in any conduct or communications, including on social media, designed to disparage the Web App Parties, the Web App, or any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with Kidde.

These Web App Terms of Use, the Additional Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Web App constitute the entire agreement between Kidde and you. In the event any provision of these Web App Terms of Use or any Additional Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Web App Terms of Use, the Additional Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Web App Terms of Use, the Additional Terms or to act with respect to similar breaches.

In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Web App, in whole or in part, with or without prior notice at any time. We may also restrict, suspend, or terminate the Web App, in whole or in part, with or without prior notice at any time. Upon termination, you must cease all use of the Web App, including any of the Kidde Content.

Any provision of these Web App Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of the Web App Terms of Use, will survive expiration or termination of the Web App Terms of Use for any reason. Kidde also reserves the right to seek all remedies available at law and in equity for violations of these Web App Terms of Use and/or Additional Terms.

All or any portion of these Web App Terms of Use may be amended from time to time, at Kidde’s sole and absolute discretion, with or without notice at Kidde’s sole and absolute discretion. Your continued access to or use of the Web App after any amendments to these Web App Terms of Use are published or otherwise come into effect will signify your acceptance of such amendments.

Kidde is not responsible for any error in information, copy, images or other content relating to the Web App or any other products offered via the Web App. Errors will be corrected when discovered and Kidde reserves the right to revoke any stated offer, as applicable, and to correct any error, inaccuracy, or omission.

Please direct any questions, complaints, or comments related to the Web App to:

Canada

Kidde Canada Inc.

KGS_Privacy@Carrier.com