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12/22/2021 LiNK License Agreement
<br /> PAID BY YOU FOR THE ACCESS TO THE INFORMATION FOR THE PREVIOUS TWELVE (12) MONTHS.THE
<br /> REMEDIES AVAILABLE TO YOU AGAINST NFPA UNDER THIS EULA ARE EXCLUSIVE.SOME STATES RESTRICT
<br /> WARRANTY AND REMEDY EXCLUSIONS AND LIMITATIONS,TO THE EXTENT OF SUCH RESTRICTIONS,THE
<br /> FOREGOING LIMITATIONS MAY NOT APPLY AND OTHER REMEDIES MAY BE MADE AVAILABLE UNDER CERTAIN
<br /> STATE LAWS.
<br /> YOU ACKNOWLEDGE AND AGREE THAT REGARDLESS OF HOW INFORMATION MAY BE LABELED OR
<br /> DISPLAYED, NFPA IS NOT ENDEAVORING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES OR ADVICE
<br /> THROUGH THE SERVICE OR THE INFORMATION.
<br /> EACH NFPA CODE,STANDARD, OR OTHER DOCUMENT CONTAINED WITHIN THE INFORMATION HAS ITS OWN
<br /> DISCLAIMERS AND STATEMENTS DEALING WITH LIMITATION OF LIABILITY.THE TERMS OF EACH SUCH
<br /> STATEMENT SHALL REMAIN IN EFFECT AND BE IN ADDITION TO ANYTHING SET FORTH HEREIN.
<br /> 6.TERMINATION.
<br /> This EULA and all rights granted by this EULA will terminate immediately and at any time thereafter without further notice: (i)
<br /> upon expiration of the term of Your Subscription or the multi-user subscription through which You have access to the
<br /> Information; (ii) immediately, if it appears that You (including other authorized users of a multi-user subscription) have
<br /> violated or are violating the terms of this EULA. Upon expiration of Your Subscription or the multi-user subscription through
<br /> which You have access to the Information or other termination of this EULA,You shall cease all use of the Information and
<br /> remove and destroy any and all Information you may have Downloaded in accordance with this EULA.
<br /> 7.ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
<br /> • Applicability of Arbitration Agreement.You and NFPA agree that all disputes, claims, or controversies,whether
<br /> based on past, present, or future events, arising out of or relating to the Service or the terms and conditions of this
<br /> EULA,whether in contract,tort,warranty, statute, regulation, or other legal or equitable basis, shall be resolved in
<br /> binding arbitration on an individual basis, except that You and NFPA are not required to arbitrate disputes relating to the
<br /> ownership or enforcement of intellectual property rights, including copyright. Except as expressly provided above,You
<br /> and NFPA empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation,
<br /> applicability, or enforceability of the terms and conditions of this EULA or the formation of this agreement, including the
<br /> arbitrability of any dispute and any claim that all or any part of this agreement are void or voidable. Notwithstanding the
<br /> foregoing, either You or NFPA may bring an individual action in small claims court.
<br /> • Initiating a Dispute. In the event of a dispute,You or NFPA must send to the other party written notice of the dispute
<br /> ("Notice").You must send any notice of dispute to: NFPA,Attention: General Counsel, One Batterymarch Park, Quincy,
<br /> MA 02169 USA.NFPA will send any Notice to You at the contact information we have for You.A Notice,whether sent
<br /> by You or NFPA, must contain the: (i)name, address, and contact information of the party giving notice, (ii) facts giving
<br /> rise to the dispute, and (iii) relief requested.You and NFPA will attempt to resolve any dispute through informal
<br /> negotiation within sixty(60)days from the date the Notice is sent. If You and NFPA do not reach an agreement to
<br /> resolve the dispute within that sixty(60)day period,You or NFPA may commence an arbitration proceeding or file a
<br /> claim in small claims court.
<br /> • Waiver of Jury Right. By agreeing to arbitrate disputes under this agreement,YOU AND NFPA ARE EXPRESSLY
<br /> GIVING UP ANY AND ALL RIGHTS TO A JURY TRIAL OR COURT TRIAL BEFORE A JUDGE. You and NFPA are
<br /> instead electing to have claims and disputes resolved by arbitration. The arbitrator's decision shall be final and binding
<br /> on both You and NFPA, subject to review on the grounds set forth in the Federal Arbitration Act("FAA").
<br /> • Waiver of Class or Consolidated Actions.YOU AND NFPA AGREE THAT ALL Disputes MUST BE Arbitrated or
<br /> litigated on an individual basis AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. The
<br /> validity of this waiver, and whether an action may proceed as a class, collective or representative action, must be
<br /> decided by a court.
<br /> • Arbitration Rules.The FAA governs the interpretation and enforcement of this arbitration agreement.The arbitration
<br /> shall be administered by Judicial Arbitration& Mediation Services, Inc. ("JAMS") before a single arbitrator and shall be
<br /> initiated and conducted in accordance with the Streamlined Arbitration Rules and Procedures (the "JAMS Rules"),to
<br /> the extent not inconsistent with the terms of this agreement. The JAMS Rules and instructions about how to initiate an
<br /> arbitration are available at https://www.jamsadr.com/rules-streamlined-arbitration (as of the date of this agreement)or 1-
<br /> 800-352-5267.
<br /> • Fees. Pursuant to the JAMS Consumer Arbitration Minimum Standards, other than the filing fee to be paid by You, all
<br /> other costs of the arbitration will be borne by NFPA, including any remaining JAMS Case Management Fee and all
<br /> professional fees for the arbitrator's services. If NFPA is the claiming party initiating an arbitration against You, NFPA
<br /> will pay all costs associated with the arbitration.
<br /> https://www.nfpa.org/linklicense 4/6
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