Terms and Conditions
Frontline Wildfire Defense System® Auto-Activation Program
Unless otherwise provided herein, these Activation Terms are subject to the terms of the Customer Agreements. If these Terms are inconsistent with the terms and conditions contained or referenced in your Customer Agreements, the terms and conditions contained or referenced herein will control. These Activation Terms take effect when you check the box presented with these Terms or when you first opt-in to the Program. You represent to us that you are lawfully able to enter into contracts.
Enrollment in the Program
To join the Program, you must check the appropriate box to opt-in to the Program and accept or execute the Customer Agreements. You must also have downloaded the Frontline mobile application and have a Frontline account in order to opt-in to the Program. You must live in the state of California and have a Frontline Wildfire Defense System installed in order to be eligible for this program. No system owners outside of the state of California will be eligible
Once enrolled in the Program and until such time as you opt-out of the Program, your System will be subject to automatic activation in the event it is determined necessary by Frontline in its sole and absolute discretion. You accept all risk and liability arising from the auto activation of your System and agree to hold Frontline harmless from any damages, claims, expenses, or other liabilities related to the decisions to activate and the results or outcome of the activation itself.
Frontline has created an algorithm using its proprietary detection sources to determine whether to activate the System in the event of a wildfire. Factors that may be considered include, but are not limited to, fire danger index, detection distance, fire detection, fire weather, wind and activation time. The algorithm and factors remain subject to change and may be varied from time to time and at any time by Frontline in its absolute discretion. Frontline shall not be liable to you or any third parties in any way for the manner or means of determining whether to activate a System.
If it is determined necessary to activate the System based on the algorithm, the System will be automatically activated with water only on either a five or ten-minute countdown timeline depending on the circumstances (“Activation Time”).
Push Notification Cadence
If the Activation Time is set to ten minutes, then Frontline will push periodic notifications to the mobile device that is linked to your account notifying you that the System will be automatically activated as follows: at 10 minutes, at 5 minutes, at activation, and every hour after activation.
If the Activation Time is set to 5 minutes, then Frontline will push periodic notifications to the mobile device that is linked to your account notifying you that the System will be automatically activated as follows: at 5 minutes, at activation., and every hour after activation.
Remediation and Refill Information
Once your System is activated, you are responsible for all remediation and refill charges with respect to your System, including any expenses incurred in connection with water cleanup and the cost of refilling the System.
User Deactivation of the System
Upon receiving a push notification regarding the auto activation of your System from Frontline, you will have the option to cancel the auto-activation of the System by tapping the push notification, entering the Frontline mobile application, and selecting “Turn Activation Off.” If you do not do this, the System will activate once the countdown reaches zero. Frontline shall not have any responsibility for your decision to override and will not provide any input, advice, counsel, or recommendations on making such a decision. Your decision to override the auto-activation is done at your sole risk and Frontline shall have no liability whatsoever, in any form and based on any theory of recovery, to you or any third party for your decision to override the activation. You accept any and all consequences and outcomes of deactivation of the System and agree to defend, indemnity and hold Frontline harmless from such a decision.
You may opt-out of the Program at any time, by giving us notice of your intention to opt-out by turning off the activation feature within the mobile application.
If you opt-out, you will be permitted to opt back into the Program at any time subject to these Activation Terms.
There is no additional fee to participate in the Program. Participation in the Program is optional.
THE PROGRAM IS PROVIDED “AS-IS.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY BENEFITS THAT MAY COME FROM THE PROGRAM (INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE).
FRONTLINE MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS THAT THE PROGRAM WILL INCREASE THE CHANCES OF OR HAVE ANY BEARING ON THE ABILITY TO SAVE YOUR HOME FROM A WILDFIRE.
FRONTLINE MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS THAT THE PROGRAM WILL FUNCTION WITHOUT ERROR. WE MAKE NO GUARANTEES, WARRANTIES OR REPRESENTATIONS THAT THE SYSTEM WILL ACTIVATE EVEN IF YOU ARE ENROLLED IN THE PROGRAM.
Limitation of Liability
NEITHER FRONTLINE NOR ANY OF OUR AFFILIATES WILL BE LIABLE TO YOU UNDER THESE ACTIVATION TERMS OR IN RELATION TO THE PROGRAM FOR ANY (i) LOSS OF DATA, PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, (ii) LOSS OF PERSONAL OR REAL PROPERTY OR LOSS OF LIFE; (iii) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES.
FRONTLINE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN REGARD ITS DECISION TO ACTIVATE OR NOT ACTIVATE YOUR SYSTEM. SUCH DECISION SHALL BE MADE IN ITS SOLE AND ABSOLUTE DISCRETION. YOU SHALL BEAR ALL COSTS OF REMEDIATION AFTER ACTIVATION AND REFILLING THE SYSTEM.
FRONTLINE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN REGARD TO YOUR DECISION TO DEACTIVATE YOUR SYSTEM IN THE EVENT FRONTLINE DETERMINES TO ACTIVATE IT. YOU SHALL BEAR THE SOLE RESPONSIBILITY FOR SUCH DECISION.
In addition to the indemnities set forth in the Customer Agreements, you agree to defend, indemnity, and hold Frontline and its affiliates harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your decision to participate or not participate in the Program or your deactivation of the System.
We may change the Program or any aspect of it, including these Activation Terms at any time in our sole discretion (with or without prior notice to you), including without limitation, changing the algorithm, Activation Time, and content or timing of push notifications. We may update the Site or send you an email using the email address in your account to reflect any changes to the Program. Unless we state otherwise, any changes to the Program will become effective at the time we update the Site with the change, or if we send you an email, as stated in the email message.
If you have any technical needs or questions with respect to your participation in the Program or the effect on your System, you can contact Frontline customer support at email@example.com. If you have questions specifically related to the System itself, please contact firstname.lastname@example.org. All support will be provided at no charge to you.