Terms & Conditions

Last updated: October 2025

Introduction

Please read these terms and conditions of use carefully. By accessing or using this website, you agree to be bound by the terms and conditions described herein and by all terms, policies and guidelines incorporated by reference (“Terms”). If you do not agree to all of these terms and conditions, do not use this website.

These terms and conditions of use apply to your use of this website (“Site”), and do not alter in any way the terms or conditions of any other agreement you may have with Kindling, Inc. a charitable organization registered in Massachusetts, USA, its subsidiaries or affiliates, including Kindling Safety NPC (“Kindling”, “us”, “we”, “our”). By using this Site, you represent and warrant that you are above the age of majority in your jurisdiction (and at least 13 in the U.S.) and are lawfully able to accept these Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify Kindling for violations of these Terms.

By using the Site, you also consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Website Privacy Policy

We are committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information. The terms of our Privacy Policy (as amended from time to time) are incorporated herein by this reference. By using the Site, you acknowledge our processing of your information as described in the Privacy Policy.

Ownership of the Site and its Contents; License to You

You acknowledge that this Site, and all intellectual property rights therein vest in Kindling, our licensors, advertisers or third-party content providers (as applicable) and that any unauthorized use thereof is expressly prohibited. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Site Content”) are owned by Kindling, our licensors, advertisers or third-party content providers.

All elements of the Site, including the Site Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. We reserve the right at any time to change or discontinue, without notice, any aspect or feature of the Site.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Site Content for your personal, non-commercial use only. Except as explicitly permitted by these Terms or by us in writing, you may not copy, reproduce, modify, translate, create derivative works from, publicly perform, publicly display, distribute, transmit, sell, resell, or otherwise exploit any portion of the Site or Site Content.

User Content; Feedback

If the Site allows you to upload, post, or otherwise make available content (“User Content”), you retain ownership of your User Content. You grant Kindling a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, improving, and promoting the Site and our services. You represent and warrant that you have all rights necessary to grant the foregoing license and that your User Content does not violate law or the rights of any third party.

If you submit ideas, suggestions, or feedback (“Feedback”), you grant Kindling a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback without restriction or compensation.

Acceptable Use; Prohibited Conduct

You agree not to misuse the Site. Without limiting the foregoing, you will not (and will not permit or encourage anyone else to):

• Access the Site through any automated means (such as bots, spiders, or scrapers) without our prior written permission.
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
• Interfere with or disrupt the operation of the Site or impose an unreasonable load on our infrastructure.
• Harvest or collect information about others without their consent.
• Upload, transmit, or distribute any viruses, worms, malware, or other malicious code.
• Infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any person or entity; defame, harass, or otherwise violate the law.
• Use the Site for unlawful, deceptive, or fraudulent purposes, or in violation of any applicable law, regulation, or third-party terms.
• Attempt to reverse engineer, decompile, or otherwise derive or attempt to derive source code or underlying ideas or algorithms of any part of the Site (except to the extent such restrictions are prohibited by applicable law).

We may, in our sole discretion and without notice, suspend or terminate your access to the Site for any violation of these Terms or if we believe your use poses a risk to the Site or others.

Compliance with Laws; Export Controls and Sanctions

You represent and warrant that you will comply with all applicable laws and regulations, including those relating to the internet, data, electronic communications, privacy, and the transmission of data exported from the United States, the Republic of South Africa, your country of residence, or any other relevant jurisdiction. You further represent that you are not located in, under the control of, or a national or resident of any country or person on any U.S. government denied-party list and that you will not use, export, or re-export the Site or Site Content in violation of U.S. export laws and regulations administered by OFAC and BIS.

Trademarks

Our logos and any other product or service name or slogan contained in the Site are trademarks or service marks of Kindling and our suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kindling or the applicable trademark holder. The look and feel of the Site (including, without limitation, page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Kindling and may not be copied, imitated, or used without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners.

Links; Third-Party Services

You may not use a Kindling logo or other proprietary graphic of Kindling to link to this Site (or any other site) without our express written permission. You may not frame any of our trademarks, logos, or other proprietary information, including the Site Content, without our express written consent. We reserve the right to revoke linking permission at any time.

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of third-party websites or services accessible by hyperlink from the Site, or websites linking to the Site. Such sites and services are not under our control. Your dealings with third parties are solely between you and such third parties and are governed by their terms and privacy policies.

Warranties and Undertakings

You undertake to conduct all dealings with Kindling and with other users of the Site with the utmost good faith and in accordance with all applicable laws.

Indemnification

You agree to defend, indemnify, and hold harmless Kindling and our subsidiaries, affiliates, licensors, employees, agents, sponsors, third-party information providers, and independent contractors from and against any and all claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of or inability to use the Site; (b) your conduct; (c) your User Content; (d) your violation of these Terms or of any law; or (e) your violation of any rights of another.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE.

We use reasonable efforts to ensure the accuracy, correctness, and reliability of the Site Content, but we make no representations or warranties as to its accuracy, correctness, or reliability. If you believe any Site Content infringes your rights, please see the DMCA section below.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KINDLING OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID, IF ANY, TO ACCESS OR USE THE SITE DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Injunctive Relief

You agree that any actual or threatened breach of these Terms by you, including unauthorized use of the Site or Site Content, may cause immediate and irreparable harm to Kindling for which monetary damages would be an inadequate remedy. In such cases, we may seek injunctive or other equitable relief without posting a bond, in addition to any other remedies available at law.

Digital Millennium Copyright Act (DMCA) Notice

Kindling respects the intellectual property rights of others and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with the DMCA and a repeat infringer policy.

• Designated Agent: DMCA Agent, Kindling, Inc., 1 North Street, Kingston, MA 02364, United States; Email: fire@kindlingsafety.org

A proper DMCA notice must include: (1) a physical or electronic signature of a person authorized to act on behalf of the owner; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good-faith belief that use of the material is not authorized; and (6) a statement that the information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner.

Counter-Notices must include: (1) your physical or electronic signature; (2) identification of the material removed or to which access has been disabled and the location where it appeared; (3) a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; (4) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or Suffolk County, Massachusetts if your address is outside the U.S.), and that you will accept service of process from the person who provided the original notice.

We may terminate accounts of repeat infringers in appropriate circumstances.

Dispute Resolution; Arbitration; Class Action Waiver; Governing Law and Venue

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

• Governing Law. These Terms are governed by and will be interpreted according to the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods.
• Binding Arbitration; FAA. Any dispute, claim, or controversy arising out of or relating to these Terms or the Site that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and governed by the Federal Arbitration Act (“FAA”).
• Venue and Procedure. Arbitration will occur in Boston, Massachusetts, or by videoconference/teleconference as permitted by the AAA rules. The language of the arbitration will be English.
• Small Claims; IP Relief. Either party may bring an individual action in small claims court for disputes within that court’s jurisdiction, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction for claims related to intellectual property or unauthorized use of the Site.
• Class/Representative Action Waiver; Jury Waiver. YOU AND KINDLING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND KINDLING WAIVE THE RIGHT TO A JURY TRIAL.
• Court Venue for Non-Arbitrable Claims. For any claims not subject to arbitration, you and Kindling agree to the exclusive jurisdiction and venue of the state and federal courts located in Boston, Massachusetts, and waive any objection to inconvenient forum.
• Opt-Out. You may opt out of arbitration within 30 days of first agreeing to these Terms by sending a written notice with your name, address, and the email associated with your account to: Kindling, Inc., Attn: Legal – Arbitration Opt-Out, 1 North Street, Kingston, MA 02364, United States; Email: fire@kindlingsafety.org

Termination
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to restrict, suspend, or terminate your access to the Site. Upon termination, your license to use the Site terminates, and you must cease all use of the Site and Site Content. Sections that by their nature should survive will survive termination (including Ownership, User Content license, Indemnification, Disclaimer, Limitation of Liability, Injunctive Relief, Dispute Resolution/Arbitration, and Miscellaneous).

Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, labor disputes, shortages, war, terrorism, civil disturbances, governmental actions, telecommunications or network failures, utility failures, failures of third-party providers, or other force majeure events.

Miscellaneous
These Terms (as varied from time to time in accordance with the “Changes to Terms” section below), together with any policies expressly incorporated by reference (including the Privacy Policy, Cookie Policy if applicable, and any Acceptable Use or community guidelines), constitute the entire agreement between you and us regarding the Site and supersede all prior or contemporaneous agreements regarding the Site. Headings are for convenience only. Failure or neglect by us to enforce at any time any of the provisions of the Terms will not be construed as a waiver of our rights. Any waiver will be effective only if in writing and signed by us. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. There are no third-party beneficiaries to these Terms, except that our licensors are intended third-party beneficiaries with respect to their intellectual property rights. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent; we may assign these Terms without restriction.

Changes to Terms

Kindling reserves the right to change any of the terms and conditions contained in these Terms or any policy or guideline of the Site, at any time and in our sole discretion. When we make changes, we will revise the “Last Updated” date at the top of these Terms. Any changes will be effective upon posting, unless otherwise required by law. We will provide notice of material changes by reasonable means (such as by posting a notice on the Site and, if you have an account, by email). Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Terms whenever you visit the Site.

Geographic Scope; International Users

The Site is controlled and operated from the United States and is not intended to subject Kindling to the laws or jurisdiction of any state, country, or territory other than the United States. You are responsible for compliance with local laws. If you are located in the European Union, United Kingdom, or other regions with laws governing data collection and use, please review our Privacy Policy for information about how we handle personal data and your rights.

California and Other State Notices

If you are a California resident, please see our Privacy Policy for information regarding your rights under the California Consumer Privacy Act (CCPA/CPRA). We do not currently sell personal information as defined by the CCPA.

Contact Information; Notices

Legal notices to Kindling must be sent to: Kindling, Inc., Attn: Legal, 1 North Street, Kingston, MA 02364, United States; and by email to fire@kindlingsafety.org. For DMCA notices, please use the contact information in the DMCA section. We may provide notices to you via the Site, email, or to the address associated with your account.