I. Grant of Rights.

Pursuant to an agreement (the “Agreement”) between PreventionPower.TV, a service of Prevention and Treatment Resource Press  (a division of Education Specialty Publishing, LLC, herein, “PreventionPower.TV”), and the subscribing party (“Subscriber”), for a subscription to PreventionPower.TV, PreventionPower.TV has granted to Subscriber, and (if applicable) any authorized educators, employees, administrators and students under the Agreement (“Users”), for the term of the applicable Agreement, a limited, non-exclusive, terminable, non-transferable license to access the PreventionPower.TV website (the “Website”) and content included therein (the “Content”), and to stream the Content pursuant to the terms and conditions set forth in these Terms of Use. FireSafe.TV may, in its sole discretion, make changes to the Website and/or the Content, including but not limited to adding and/or removing video titles or other Content, adding closed-captioning, and implementing new encoding rates. All rights not expressly granted to Subscriber and Users pursuant to these Terms and Conditions are reserved to PreventionPower.TV, and all uses of the Content by Subscriber and Users not expressly permitted hereunder are prohibited.

II. Subscription Accounts

Qualifying organizations (fire departments, fire marshals, housing authorities, schools and similar organizations) may purchase a subscription to the Content available on PreventionPower.TV. This subscription allows up to 3 authorized users, employees of the subscribing organization, to watch and project streaming videos on PreventionPower.TV. If you are purchasing the video for use by more than one organization, you will need to purchase a subscription for each organization. Access to the videos may be terminated if Subscriber is found to be in violation of these terms and conditions, or upon the termination of PreventionPower.TV.

a. Term

The subscription allows a single organization access to the Content for 6, 12 or 24 calendar months, depending upon the level of service selected. During this subscription term, the Subscriber will not be able to cancel their subscription. After the initial six, twelve or twenty-four month term, Subscribers may cancel their subscription at any time, by electing not to renew. Subscribers’ credit cards will be automatically charged at the beginning of each subscription cycle, or an invoice will be sent for those who utilize purchase order authorized accounts.

III. Permitted and Prohibited Uses.

a. Downloading of Content. Subscriber/Users may download the instructor guides for any videos included in their Agreement. Such downloading shall be for individual Subscriber/User convenience only, and Subscriber/Users may not (1) systematically download any of the Content, (2) create distribution “libraries”, or (3) transfer, sell, rent, display, or exhibit any of the Content to any third party who is not also a Subscriber/User.

b. Dissemination of Content. In the course of using any Content as permitted hereunder, Subscriber and/or its Users may not make the Content, or any part thereof, available to any party who is not a Subscriber or a User.

c. Prohibited Uses. Except as expressly set forth herein, neither Subscriber nor the Users may (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Website, the Content, or any portion thereof; (ii) disassemble, decompile, or reverse engineer the Website or any portion thereof, or use a robot, spider, or any similar device to copy or catalog the Content or any portion thereof; (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Website’s or the Content’s control or security systems, nor allow or assist a third party to do so; or (iv) use the Content in a manner that disparages the Website, the Content or PreventionPower.TV, or in any manner that PreventionPower.TV may, in its sole discretion, deem inappropriate.

IV. Compatible devices

In order to be able to stream or download Content from the Website and to view Content on the Website, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the PreventionPower.TV (each such device, a “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

V. Video Quality

When you stream Content, the resolution and quality of the Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Content you will receive when streaming.

VI. Ownership. 

As between Subscriber, the Users, and PreventionPower.TV, the Website and the Content are the property of Education Specialty Publishing, LLC, and are protected by United States and international copyright and trademark law. By using the Website and the Content, even as permitted hereunder, neither Subscriber nor any of its Users gain any ownership interest in the Website or the Content.

VII. Security and Use of Passwords. 

Each Subscriber and User shall have a valid username, and password for the purpose of accessing the Website and the Content (the “Log-In Information”). Subscriber and its Users must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the assigned Subscriber or User. Subscriber and/or its Users are responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Website and/or the Content by unauthorized persons using a User’s Log-In Information. Unauthorized access to or use of the Website and/or the Content by someone using a User’s Log-In Information may be attributed to such User.

VIII. Communications from PreventionPower.TV.

PreventionPower.TV may periodically contact Subscriber/Users for customer service purposes. By accessing the Website and the Content, Subscriber/Users consent to receive such communications. Subscriber shall promptly provide PreventionPower.TV with any and all information regarding its Users and/or use of the Website and the Content by its Users that PreventionPower.TV reasonably requests. Subscriber agrees that PreventionPower.TV may reference its business relationship with Subscriber in its marketing or sales materials.

IX. Changes to Terms of Use. 

PreventionPower.TV reserves the right to change these Terms of Use from time to time. Such changes will become effective when PreventionPower.TV posts the revised Terms of Use on the Website. Users should check the Terms of Use from time to time, as they are bound by the Terms of Use posted on the Website at the time of access. Any revised Terms of Use shall supersede all previous versions. Your continued use of the Service following any such changes will constitute your acceptance of such changes.

X. Termination of the Agreement; Effect of Termination or Expiration

In the event that Subscriber and/or any of its Users breach these Terms of Use, and such breach is not cured within 10 days after receipt of notice thereof from FireSafe.TV, FireSafe.TV may terminate the Agreement in whole or in part immediately upon written notice to Subscriber. Notwithstanding the foregoing, there shall be no cure period for any Event of Default that is not curable.

Upon expiration or prior termination of the Agreement, all rights granted herein shall revert to PreventionPower.TV; all access to and use of the Website and the Content by Users must cease.

XI. No Warranties; Limitation of Liability.

The Website and the Content are provided as is, and all warranties of any kind, past or present, whether statutory, common-law or from a course of dealing or usage of trade, including without limitation implied warranties of merchantability, fitness for a particular purpose, security and, except as may be otherwise stated in this agreement, non-infringement, are expressly disclaimed to the fullest extent permitted by law. PreventionPower.TV does not guarantee or make any representations regarding the use or accuracy of the Website or the Content except as stated in any user agreement. No oral or written information or advice given by PreventionPower.TV or its employees shall create a warranty or in any way increase the scope of PreventionPower.TV’s obligations hereunder, and Subscriber or User may not rely on any such information or advice. In no event shall PreventionPower.TV be liable for any lost data, lost profits, business interruption, replacement service or other special, incidental, consequential, punitive or indirect damages, however caused and regardless of the theory of liability.

XII. Release.

Subscriber and Users release and waive all claims against PreventionPower.TV, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing, from any and all claims, damages, liabilities, costs and expenses arising out of Subscriber’s or User’s use of the Website and the Content.

XIII. Representations/Indemnity.

Subscriber represents and warrants that (i) it has full power and authority to enter into the Agreement, and to agree to all the terms and conditions contained therein and in these Terms of Use, and has received all parental and other permissions required to permit PreventionPower.TV to obtain and retain information (including personal information) from Users; (ii) only Subscriber or its Users shall access the Website and the Content; (iii) Subscriber and its Users will at all times use the Website and the Content only as expressly permitted by the Agreement and these Terms of Use;

Subscriber shall defend, indemnify and hold PreventionPower.TV, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, officers, shareholders, employees, agents and representatives of each of the foregoing, harmless against and from any and all claims, damages, liabilities, costs and expenses arising out of (i) use and access to the server by Subscriber and/or its Users; (ii) any violation by Subscriber and/or its Users of these Terms of Use, (iii) any downloading of the Content, (iv) any modification or edit made to any portion of the Content, and (v) the use of any portion of the Content with products or services not supplied by PreventionPower.TV.

All representations, warranties, and indemnities shall survive the expiration or prior termination of the Agreement.

XIV. Modification of Service.

PreventionPower.TV reserves the right to modify, suspend, or discontinue PreventionPower.TV, or any part thereof, at any time and without notice to you, and PreventionPower.TV will not be liable to you should it exercise such rights, even if your use of Content is impacted by the change, except to refund the pro rata portion of the license term provided in the context of a group license.

XV. Miscellaneous.

You must be eighteen (18) years old to be a Subscriber or otherwise have the legal capacity to enter into a contract, and all Users must be at least thirteen (13) years old. Failure to perform by reason of any law, natural disaster, labor controversy, encumbered intellectual property right, war or any similar event beyond a party’s reasonable control shall not be a breach hereof. This Agreement shall be construed and enforced under the laws of the State of Louisiana, USA, without reference to the choice of law principles thereof. User waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum. If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof. No waiver of any breach hereof shall be deemed a waiver of any other breach hereof. Section headings are provided for convenience only, and shall not be used to construe the meaning of any section hereof.