The MATRIXTM Fire Risk Evaluation tool is a simple to use software application that provides a clear indication of an existing building’s level of fire risk, applicable regardless of the specific codes adopted by a jurisdiction. The National Association of State Fire Marshal’s developed it for use by fire officials, building officials and designers in evaluating the fire risk of a given building using the criteria from the International Existing Building Code, Chapter 14, Performance Compliance Method. It’s important to note that the use of this tool is not a substitute for periodic code compliance life safety inspections.
1.0 ACCEPTANCE OF TERMS
National Association of State Fire Marshals Research and Education Foundation (“Foundation”) provides this Application, subject to the following Terms of Service ("TOS"), which may be updated by the Foundation or its representatives from time to time. The most current version of the TOS can be reviewed at any time through the use of our website, safety-layering.com. The TOS governs all users (whether or not registered) granted or gaining access to the Foundation website (collectively referred to hereafter as User). In consideration of the access to and use of the Foundation website, User agrees to the TOS. If User is acting on behalf of or as an employee of an organization, the organization is bound by the TOS.
2.0 DESCRIPTION OF APPLICATION
The Foundation website currently provides Users and with access to the Foundation’s proprietary MATRIX application (the “Application”). Unless explicitly stated otherwise, any new features that augment or enhance the current Application shall be subject to the TOS.
User is responsible for obtaining access to the Application website and that access may involve third party fees (such as Internet service provider or airtime charges). User is responsible for those fees. In addition, User must provide and is responsible for all equipment necessary to access the Application. The Foundation does not recommend or endorse products or services and any mention of a product or service on the Application does not constitute a recommendation or endorsement by the Foundation.
In consideration of use of the Application, User agrees to the best of their abilities to: (a) provide current and complete information about themselves, their organization and its users as requested by the Foundation (such information being the "Registration Data") and (b) maintain and update the Registration Data to keep it current and complete. In addition, User understands that in order to keep them informed of Foundation business items and events, that the Foundation will on a periodic basis send email based communications to the User notifying them of such items and events. User agrees that receiving these emails is a part of their use of the Application, and if they wish to not receive these emails they must terminate their account.
4.0 USER NAME, PASSWORD AND SECURITY
User will receive a username and password as part of the Application's registration process. User is responsible for maintaining the confidentiality of their user name and password, and is fully responsible for all activities that occur under such user name and password. User agrees to (a) immediately notify the Foundation or its representatives of any unauthorized use of User's user name and password or any other breach of security, and (b) ensure that User exits from its account at the end of each session. The Foundation and its representatives will not be liable for any loss or damage arising from User's failure to comply with this Section 4.
5.0 REPORTS GENERATED BY THE APPLICATION
Use of the Application will result in the generation of a report and other information concerning a specific building or structure (“Report”), based on the data inputted by the User. User acknowledges and agrees that all Reports generated by User’s use of the Application shall be the sole and exclusive property of the Foundation or its designee. Foundation acknowledges and agrees that User shall have a personal, non-transferable, non-exclusive and terminable right and license to use Reports generated by User’s use of the Application for non-commercial purposes.
User agrees to comply with all applicable laws of the United States and other applicable jurisdictions regarding use of the Application and online conduct.
User agrees to indemnify, hold harmless and defend the National Association of State Fire Marshals, the Foundation and their representatives, subsidiaries, affiliates, officers, agents, members, co-branders or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, due to or arising out of any use of the Application or User’s breach of the TOS.
8.0 NO RESALE OF APPLICATION
User agrees not to reproduce, duplicate, copy, reverse engineer, sell, resell, or distribute for any commercial or non-commercial purposes, the Application or any portion of the Application.
9.0 FOUNDATION’S PROPRIETARY RIGHTS
User acknowledges and agrees that the Application and any necessary software or documentation used in connection with the Application contain proprietary and confidential information that is protected by applicable copyrights, trademarks, service marks, patents or other intellectual property laws. Except as expressly authorized by the Foundation in writing, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Application, in whole or in part.
10.0 LICENSE TO USE THE APPLICATION
The Foundation grants User a personal, non-transferable, non-exclusive and terminable right and license to use the Application through the Foundation’s website, provided that User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Application. User agrees not to modify the Application in any manner or form, or to use modified versions of the Application, including (without limitation) for the purpose of obtaining unauthorized access to the Application. User agrees not to access the Application by any means other than through the interface that is provided by the Foundation for use in accessing the Application.
11.0 DISCLAIMER OF WARRANTIES
USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
11.1 USER'S USE OF THE APPLICATION IS AT USER’S SOLE RISK TO THE EXTENT PERMITTED BY LAW. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE FOUNDATION AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.2 THE FOUNDATION AND ITS REPRESENTATIVES MAKE NO WARRANTY THAT (i) THE APPLICATION AND REPORTS RECEIVED THROUGH THE APPLICATION WILL MEET USER'S REQUIREMENTS, (ii) THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, (iii) ANY INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION, INCLUDING REPORTS, WILL BE ACCURATE, COMPLETE OR RELIABLE, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
11.3 ANY REPORTS OR OTHER MATERIAL DOWNLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEMS AND NETWORKS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, VIEWING OR USE OF ANY SUCH MATERIAL.
12.0 EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 11 MAY NOT APPLY TO USER.
Notices to User may be made via either email or regular mail. The Application may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Application. Any Notice that User is required or may desire to give to the Foundation and it representatives under or in conjunction with the TOS or any agreement between the parties shall be made via either email or regular mail, and shall be deemed to have been duly delivered or given on the date of delivery if delivered in person or by a nationally recognized overnight courier to the party named below, the date indicated on the return receipt if by certified or registered mail, postage prepaid, return receipt requested, to the Foundation at such address as may be designated by the Foundation and its representatives from time to time, or the date that the electronic mail is received by the Foundation mail servers.
14.0 TRADEMARKS AND LOGOS.
All trademarks, service marks, trade names or other words or symbols ("Marks") identifying the Application and the Foundation will remain such party's exclusive property. User agrees to not take any action that jeopardizes the other party's proprietary rights or acquire any rights in the Marks. No license or right to use any Marks or the Foundation logo, or the logos of their representatives is granted in this section or the TOS.
15.0 GENERAL INFORMATION
The TOS and any related agreements between User and the Foundation and its representatives constitute the entire agreement between User and the Foundation and its representatives and govern your use of the Application, superseding any prior agreements between you and the Foundation and its representatives. The failure of the Foundation or its representatives to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
The Foundation reserves the right to terminate User’s access to the Application and the Foundation website at any time.
The MATRIX™ is a product of the National Association of State Fire Marshals Fire Research & Education Foundation.