NY Fire Consultants
NY Fire Consultants
NY FIRE CONSULTANTS, Inc.
  1. Agreement to Terms. Your use of the website located at www.nyfsi.com, www.nyfiresafe.com and all associated sites linked to it by NY Fire Consultants, Inc. (the “Company”, “us” or “we”) and its subsidiaries and affiliates (collectively, the “Site”) indicates your unconditional acceptance of these Terms of Use (the “Terms”). We reserve the right, in our sole and absolute discretion, to update or revise these Terms from time to time. We will post such changes to the Site, and your continued use of the Site following the posting of any changes to the Terms constitutes acceptance of those changes. It is your responsibility to check these Terms periodically for changes. You may not use the Site for any purpose that is unlawful or prohibited by these Terms.
  2. Content. All content published on the Site including, but not limited to, text, graphics, interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, “Content”), and further including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is the Company’s property, and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and laws. No part of the Site and none of the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise. We reserve all rights in and to the Site unless we expressly state otherwise.
  3. Use of the Site. You may use the Site only in accordance with and subject to these Terms and our Privacy Policy. Once you provide us with your contact information, you are deemed to have opted-in to receive email communication from unless you notify us via email of your desire to opt-out of receiving such communication. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or any third party. Notwithstanding any other rights or restrictions in these Terms, you may not use this Site to:
    1. Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us;
    2. Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes;
    3. Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    4. Impersonate any other person including but not limited to, a Company employee;
    5. Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity;
    6. Misrepresent your identity or use a false e-mail address;
    7. Conduct fraudulent activities;
    8. Sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from Content or use the Content for any purpose not expressly permitted in these Terms;
    9. Decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance; or
    10. Tamper with or obtain access to this Site or any component of this Site or copy, frameset, enclose or otherwise distribute any part of the Site.
  4. Purchases; Other Terms and Conditions. Additional terms may apply to purchases made on, and to specific portions or features of, the Site, including discounts, promotions or other similar features. Such terms are incorporated hereto. You agree to abide by such other terms, including if applicable, representing that you are of sufficient legal age to use or participate in such feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.Also, we may make changes to any products or services (or any applicable prices) offered on the Site without notice. The materials on the Site with respect to products and services may at any time be out of date, while we will attempt to promptly update such materials, we make no commitment to do so. Your receipt of an order number or an email order confirmation does not constitute the acceptance of an order. We reserve the right, at our sole discretion and without prior notification, to limit the order quantity on any product sold on our Site and/or to refuse service. Verification of information may be required prior to the acceptance of an order. For avoidance of doubt, we reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
  5. Privacy. Our Privacy Policy is made a part of these Terms by this reference, and may be viewed at https://nyfiresafe.com/privacy-policy/. Additionally, by using the Site, you acknowledge and agree that transmissions over the Internet are never completely private or secure and that any message or information you send may be read or intercepted by a third party, even if there is a special notice that a particular transmission is encrypted.
  6. Links to Other Sites. This Site will from time to time contain links to other independent third-party websites. These sites are provided to you as a convenience. These third-party websites are not controlled by us, and we are not responsible for the accuracy, legality or any other aspect of the content (including, but not limited to, information and materials) contained on or products sold on such sites. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by any third party vendors. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of such third party, website or product or service. You should always read any and all terms and conditions and privacy policies of such third-party websites. For avoidance of doubt, we are not endorsing or making any representations regarding the products or services sold by or recommended by such third parties.
  7. Disclaimers. THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE AND OTHER INFORMATION MADE AVAILABLE ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    OUR CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ONLY FOR INFORMATIONAL PURPOSES REGARDING FIRE SAFETY. OUR CONTENT IS INTENDED TO PROVIDE GENERAL INFORMATION, NOT SPECIFIC ADVICE. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. WHILE EVERY EFFORT IS MADE IN PREPARING OUR CONTENT, PRODUCTS AND SERVICES, NO RESPONSIBILITY IS ACCEPTED FOR ANY ERRORS, OMISSIONS OR MISLEADING STATEMENTS ON THIS SITE OR ANY SITE TO WHICH WE MAY CONNECT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT, PRODUCT OR SERVICE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO THE FOREGOING. ANY USE OF THE SITE AND CONTENT (INCLUDING, BUT NOT LIMITED TO, RELIANCE UPON ANY ADVICE, STATEMENT OR OPINION), OUR PRODUCTS OR OUR SERVICES IS AT YOUR OWN RISK.

  8. Limitation of Liability. Except where prohibited by law, we will in no event be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.If, notwithstanding the other provisions of these Terms, we are found to be liable to you for any damages or losses which arise out of or are in any way connected with your use of the Site, any Content or any of our products or services, our liability will in no event exceed the greater of (1) the total of any amounts paid by you to the Company during the six month period prior to the date of the initial claim made against us or (2) $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
  9. Indemnity. You agree to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including, but not limited to, attorneys’ fees), made by any third party due to or arising out of or in connection with your use of the Site.
  10. Violation of These Terms. We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with or to our rights or property. We reserve the right at all times to disclose any information that we deems necessary to comply with any applicable law, regulation, legal process or governmental request. We may also disclose your information when we believe that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we believe is necessary or appropriate. These remedies are in addition to any other remedies the Company may have at law or in equity.
  11. Venue. You agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
  12. Use Outside of NY. Our Content contains general information regarding the topic of fire safety in New York. Those who choose to access this Site from elsewhere do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  13. No Advice. The information presented on our Site and in our products and services is not legal advice, and should in no circumstance be acted on as such. We are not providing any advice regarding compliance with local fire codes and furthermore are not undertaking to render professional or other services for or on behalf of any person or entity. Information provided on our Site is general and you should rely on your own independent judgment or, as appropriate, seek the advice of a competent professional in determining the exercise of reasonable care in any given circumstances.

BY USING OUR SITE, YOU ARE AGREEING TO THESE TERMS; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.