Terms of Service
Effective Date: January 18, 2024
By checking the “ I Agree” box , Customer acknowledges and agrees that the services set forth herein (collectively, the “Services”) may be performed by third-party contractors or other representatives of Fortress (the “Representatives”). Customer hereby grants Fortress a revocable license to enter the property set forth above and perform the Services set forth herein at such times as Fortress deems, in its reasonable discretion, are necessary or advisable.
Customer acknowledges that to facilitate performance of the Services, it may be necessary or advisable for FortressFire to interact, engage with, or otherwise provide Customer information to insurance carriers, insurance brokers, real estate agents, or real estate brokers. To that end, to the extent permitted by applicable law, Customer hereby grants FortressFire the right to share such information relating to the Services as FortressFire deems reasonably necessary or advisable, including without limitation any risk report generated in connection with the Services, the service plan set forth herein, and any related information connected to the performance of the Services hereunder.
Customer agrees to cooperate with Fortress and its Representatives in performance of the Services, and Customer acknowledges and agrees that the performance of any Services hereunder is affected by circumstances outside Fortress or its Representatives’ control. While Fortress shall use commercially reasonable efforts to promptly perform, or cause to be performed, any services delayed due to outside circumstances, Fortress makes no guarantee as to the availability of services on any given date.
If there is an Invoice, Fortress shall invoice Customer for all amounts owed hereunder, and Customer will pay such invoice within thirty (30) days of receipt.
Fortress warrants that it shall perform, or cause to be performed, the services hereunder: (a) in accordance with the terms and subject to the conditions set forth herein; (b) using personnel of industry standard skill, experience, and qualifications; and (c) in a workmanlike and professional manner in accordance with generally recognized industry standards. Fortress’ sole and exclusive liability, and Customer’s sole and exclusive remedy, for breach of such warranty shall be: (i) Fortress shall use commercially reasonable efforts to promptly cure such breach, and if not cured within thirty (30) days after Customer’s written notice of such breach, Customer may terminate the Services by serving written notice of termination, with Customer not required to pay any cancellation fees set forth herein; and (ii) Fortress shall, within thirty (30) days of such termination, refund to Customer any fees paid as of the date of termination less a deduction equal to fees for receipt of Services up to and including termination on a prorated basis.
FORTRESSFIRE MAKES NO GUARANTY OR WARRANTY THAT THE SERVICES HEREUNDER WILL LIMIT, ELIMINATE, OR REDUCE THE RISK OF FIRE ON THE CUSTOMER’S PROPERTY. INSURANCE COVERING CUSTOMER’S PROPERTY SHALL BE OBTAINED BY CUSTOMER. FORTRESSFIRE SHALL HAVE NO LIABILITY FOR INSURANCE AMOUNTS OR PREMIUMS DUE, DIRECTLY OR INDIRECTLY, FROM THE CUSTOMER. FORTRESSFIRE MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN THIS PARAGRAPH, AND ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
IN NO EVENT SHALL FORTRESSFIRE BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL FORTRESSFIRE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO FORTRESSFIRE GIVING RISE TO THE CLAIM PURSUANT TO THIS SERVICE PLAN.
FortressFire shall not be liable or responsible to Customer, nor be deemed to have defaulted under or in breach of the terms herein, for any failure or delay in fulfilling or performing any term when and to the extent such failure or delay is caused by or results from acts beyond FortressFire’s control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other events beyond the control of FortressFire. FortressFire shall resume the performance of its obligations as soon as reasonably practicable after the removal of the Force Majeure Event.
Customer shall not assign, transfer, delegate, or subcontract any of its rights hereunder without the prior written consent of FortressFire.
CUSTOMER ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE IN CONNECTION WITH THE SERVICES HEREUNDER IS LIKELY TO INVOLVE COMPLEX LEGAL ISSUES, AND CUSTOMER WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THE SERVICES.