Terms

Terms & Conditions for Residential Sales

Unless stated, delivery and/or installation are not included in the quoted price. By signing this order, you acknowledge that there are no verbal agreements that are not stipulated in this agreement.

Survive-a-Storm brand residential storm shelters are FEMA 320 and ICC-500 compliant. Engineered plans are available for inspection upon request.

Customer or the customer's representative (age 18 or older) must be available at the installation throughout the duration of the installation.

Due to fluctuations in the cost of steel and other materials, all storm shelter quotes are valid for 3 days from the date on the sales order or estimate unless otherwise stated in writing.

Customer agrees that payment in full is due and payable prior to the initiation of any work, and no services shall be rendered until such payment has been received.

Any applicable sales taxes may be included on the sales order or estimate and will be remitted to the taxing jurisdiction in accordance with state and local law. If additional taxes are due, they are the responsibility of the buyer.

Any permitting costs, if applicable, will vary from jurisdiction to jurisdiction and are the responsibility of Survive-a-Storm. Survive-a-Storm Shelters will coordinate with the local zoning authority to obtain any necessary permits.

All sales are final. In the event a refund is requested and approved, the customer will be charged a 30% restocking fee. Unless otherwise stated, the price quoted is for standard installation only. Survive-a-Storm Shelters is not responsible for moving any equipment, fencing, furniture, etc., and it is the responsibility of the customer to provide a clear access route for installation.

You will be contacted within 2 business days of signing this sales order and providing adequate site installation photos to estimate and schedule an installation date and time. You will be given a 2-hour window for the start of your installation. Typical standard installation times for the various models are as follows:

Customer must send a picture of the inside of the completed shelter installation for warranty activation.

Your shelter comes with a Limited Lifetime Warranty. To maintain the warranty for your storm shelter, you are required to submit photos annually to the manufacturer. You will receive an automated email each year as a reminder, so please ensure your email address on file is correct.

TwisterPod Above Ground Safe Room: 1-2 Hours

Extreme Above Ground Safe Room: 2-3 Hours

Canceled or missed installation appointments will be placed back in the queue for the next available installation appointment (generally in 2- 4 weeks). If we miss or reschedule an appointment due to some fault of our own, we will make every effort to reschedule the appointment within 2 weeks.

Cancellations/reschedules must either be emailed to admin@survive-a-storm.com or called in to (888) 360-1492.

All sales must be paid in full before scheduling commences. If you would like to cancel your shelter within our allotted installation time window, there is a 30% restocking fee associated with your purchase.

If a forklift is needed for the installation of the storm shelter, this is at the customer's expense and responsibility.

If canceled within 3 days, there will be no restocking fee. If an installation appointment is canceled for this reason, you will be placed back in the queue for the next available installation appointment (generally in 4-6 weeks).

We make every effort to leave your yard and driveway in the same condition that we find it, but we cannot be liable for damage to cracked driveways or other driveways that are in bad repair, or to minor disturbances (including matting and rutting) to your lawn in the event that it becomes necessary to operate our equipment thereupon in order to perfect the installation of your shelter.

We will make an effort to install the shelter in your preferred location; however, if the location is unsuitable, the installer will provide an alternate location. Customer must provide an unobstructed 10' path to reach installation location.

The concrete to which your shelter will be affixed will be tested for compressive strength using a rebound (aka Schmidt) hammer. In the event that your concrete does not conform to the required 3,000 PSI compressive strength or, in the sole and exclusive opinion of the installer upon visual and other methods of inspection, fails to conform to the manufacturer's requirements, the installer may either provide a quote for installing a new foundation for your shelter or for cutting-out and replacing the affected portion of the existing foundation necessary to endure a proper installation. Any additional foundation work will be done at the customer's option and expense.

You agree to provide Survive-A-Storm to Your Home. Safe Access means safe and complete access to the Work Area, including, without limitation: (1) obtaining in advance of the Services consent, permission, or relief from any covenants, easements, restrictions, or other legal encumbrances affecting the Work Area; (2) providing the location of utilities, whether underground, concealed, overhead or visible, to Survive-A-Storm; (3) removing from the Work Area physical impediments, hazards, and building code or zoning violations that affect directly or indirectly the Work Area; (4) removing unsafe working conditions and hazardous materials, including environmental hazards, from the Work Area; (5) providing sanitary facilities to Survive-A-Storm convenient to the Work Area (or, alternatively, paying for the rental costs of such facilities); (6) providing all utilities, including without limitation, power, water, ventilation and climate control, in and for the Work Area; (7) removing from and protecting against minors, pets, guests and visitors in the Work Area; (8) keeping permits, if required, visible at all times; (9) disengaging, suspending or terminating any security systems protecting the Work Area;(10) providing adequate temporary storage space as needed for Survive-A-Storm’s performance of the Services; and (11) not interfering, impeding, impacting or otherwise disrupting the Work Area at any time during Survive-A-Storm’s performance of the Services.

Permitting
Customer acknowledges that permitting is an optional service offered by Survive-a-Storm Shelters and is available only for units installed by Survive-a-Storm Shelters.  Failure to obtain required permits may result in installation delays, for which Survive-a-Storm Shelters shall not be held responsible.

Post-Tension Cable Acknowledgment
Survive-a-Storm Shelters will install an above-ground safe room on a post-tension foundation with Customer approval. Based on experience, cables are typically located 6" to 8" below the surface, and standard anchoring depth of approximately 3 1/4" is not expected to interfere. If Customer has concerns regarding cable location, it is recommended that a third-party slab scan be completed prior to installation. Survive-a-Storm Shelters does not provide scanning services. Customer acknowledges and assumes all risk associated with installation on post-tension foundations.

Terms and Conditions for Sale of Equipment

1. Applicable Terms

All Proposals by Survive-A-Storm ("Survive-A-Storm"), all acceptances by Survive-A-Storm of Purchaser's orders (“Acceptance”), and all performance of services by Survive-A-Storm are submitted or made subject to these Standard Terms and Conditions for Sale of Equipment ("Terms and Conditions") and all specific terms and conditions set forth in the Proposal issued by Survive-A-Storm (the "Proposal"). “Equipment” is defined as all goods, including any Building and associated equipment, supplied by Survive-A-Storm. Technical advice or field services may also be provided by Survive-A-Storm, as described in the Proposal or separately; any technical advice or field services provided will be subject to these Terms and Conditions. In the event of any conflict between the Terms and Conditions and the specific terms and conditions or the Proposal, the specific terms and conditions of the Proposal will control. Purchaser by submission of a Purchase Order, acceptance of the Proposal, submission of initial payment required by the Proposal, or any other act in furtherance of requesting Survive-A-Storm to act in accordance with the Proposal, accepts and agrees to these Terms and Conditions, and waives any conflicting or additional provisions contained in Purchaser's forms. Any provision, printed or otherwise, contained in any order, acceptance, confirmation, or acknowledgement issued by Purchaser that is inconsistent with, different from, or in addition to these Terms and Conditions is hereby expressly rejected by Survive-A-Storm and will not be considered as part of the agreement between Purchaser and Survive-A-Storm. All references to "Purchaser" include the ultimate owner, if a different entity. All Purchase Orders are subject to review and Acceptance by Survive-A-Storm prior to performing any work.

2. Representations of Purchaser

Purchaser represents and warrants to Survive-A-Storm, which representations Survive-A-Storm may rely upon, that (a) Purchaser's acceptance of the Survive-A-Storm Proposal is authorized by appropriate act of Purchaser and is executed by an individual authorized to bind Purchaser; (b) Purchaser intends to use the Equipment for a use permitted by law and as represented to Survive-A-Storm; (c) Purchaser is financially able to complete its obligations of payment of the full order price; and (d) Purchaser will adhere to recommendations and directions made by Survive-A-Storm for the storage, installation, maintenance, and use of the Equipment. NOTICE: The Equipment, technical data, and/or software included in the Proposal and Purchase Order will be provided in compliance with the laws and regulations of the United States. Purchaser is responsible for obtaining all licenses, permits, or other approvals that may be necessary under the laws of the United States before any distribution, sale, transfer, or re-export of such items and correspondingly for ensuring that the end-user and end use of the Equipment, technical data, and/or software are permitted under United States law. Re-export, diversion, transshipment, or use contrary to United States law is prohibited and is cause for cancellation of the Purchase Order.

3. Payments

Survive-A-Storm will invoice Purchaser and Purchaser will make all payments in accordance with the schedule set forth in the Proposal or as set forth in this Paragraph 3, whichever applies. Where a specific date for payment is set, payment must be made on or before that date. Payment in full for each invoiced amount is a condition precedent to the performance of any further work by Survive-A-Storm. Should Purchaser fail to make any payment as required, Survive-A-Storm, at its sole option, and without incurring any liability, may suspend its performance until such time as the overdue payment is made or Survive-A-Storm receives adequate assurances of performance from Purchaser. All payments not made when due will bear interest at One and one-half percent (1.5%) per month, Eighteen percent (18%) per annum (or the highest rate permitted by law, if lower) beginning thirty (30) days after the date payment was due until paid. Title to the Equipment will not be conveyed to Purchaser until Survive-A-Storm receives payment in full. All risk of loss of or damage to the Equipment will transfer to Purchaser at the time the Equipment is delivered to the carrier in accordance with the delivery terms stated in the Proposal.

4. Additional Costs

If Purchaser requests certain changes to the scope of supply set forth in the Proposal or in the case of any unforeseen compliance requirements that are not set forth in the Proposal which cause additional cost to Survive-A-Storm, such costs will be added to the price and invoiced to Purchaser. Should the changes to the contracted scope of supply or compliance requirements result in a delay, the originally agreed upon date of completion or readiness for shipment date will be extended accordingly. Evaluation of requested changes will be paid for by Purchaser. Survive-A-Storm will advise Purchaser of the time required for the evaluation of requested change(s). Upon issuance of a change order request, Purchaser will advise Survive-A-Storm whether work in accordance with the Purchase Order will be suspended or continued during the change evaluation period. Purchaser will pay Survive-A-Storm for such actual additional costs, including the Survive-A-Storm mark-up for overhead costs and profit. One and a half (1.5) hours of detention time is included in proposal transportation quote. Any time spent on site after that time period will be billed at $125/half hour/truck.

5. Suspensions

In the event Purchaser suspends the performance of Survive-A-Storm or Survive-A-Storm suspends the performance due to Purchaser’s failure to fulfill its obligations (including by way of example only, Purchaser’s failure to timely return any documents submitted for its approval or for failure to make any payment when due), the completion date or ready to ship date and Purchase Order price will be equitably extended and increased taking into account the delay and costs resulting from such suspension. Purchaser will promptly pay Survive-A-Storm for all costs, including costs related to removing Equipment from fabrication, storage, rescheduling, reconditioning, and restoring Equipment to fabrication, and related engineering, drafting, and overhead costs arising from such suspension. Survive-A-Storm assumes no responsibility whatsoever for any delay or consequences related to or arising from restoring Equipment to fabrication. Equipment held for Purchaser because of any suspension will be at Purchaser’s sole risk and expense. Regardless of the reason for the suspension, if the suspension continues for one hundred twenty (120) days or more, then Survive-A-Storm has the right, at its sole option and discretion, to cancel the Purchase Order, and collect a cancellation fee which will include, but not be limited to, the costs of all Survive-A-Storm in-house services up to the point of cancellation, the costs of all buyouts committed by Survive-A-Storm up to the point of cancellation, overhead, and prorated profit based on percentage of job completed at the time of cancellation.

6. Proposal Price Limitations

All prices quoted, unless otherwise specified in the Proposal, do not include transportation charges, any federal, state, or local taxes (including, for example, sales or use taxes, VAT, GST, or transfer tax) or other governmental charges on labor or the production, shipment, importation, exportation, sale, installation, or use of the Equipment covered by the Proposal. All such charges, whether or not paid by Survive-A-Storm, will be for the account of Purchaser and Purchaser agrees to pay all such charges. All crating, packaging, and freight charges are to be paid by Purchaser unless otherwise specified in the Proposal. All price quotes expire thirty (30) days from the Proposal date, unless otherwise specified in the Proposal, and may be withdrawn or modified by Survive-A-Storm at any time before acceptance by Purchaser.

7. Schedule of Work

Placement of an acceptable Purchase Order and payment of the first installment by Purchaser will release Survive-A-Storm to begin execution of the work in accordance with the Proposal. The quoted price contemplates the continuous prosecution of the work required. Purchaser will pay for all additional costs incurred by Survive-A-Storm resulting from Purchaser's delays, including, for example, failure to approve drawings promptly or to the necessary releases to purchase materials, and to proceed with fabrication or shipment. All delivery and completion dates, as specified in the Proposal are of critical importance; however, time will not be construed to be "of the essence". In the event that a building(s) is completed and Purchaser delays delivery or in the event production is stopped by the Purchaser or the Purchaser’s representative a storage fee will be charged in addition to the total sum of the building(s). A storage fee of $125/day/module will be assessed; the storage fee does not include transit wrap which will be added to the cost if the building will be stored outside. Should delivery be delayed by Purchaser, Risk of Loss shall transfer to Purchaser upon notification of readiness to ship per date specified on the Purchase Order. Survive-A-Storm agrees to take reasonable precautions to protect buildings if required to store at Survive-A-Storm facility.

8. Force Majeure

In the event of any act, delay, or failure to act by a federal, state, or local government, war conditions, civil unrest or political disturbances, fire, flood, severe weather, high winds, or other natural disaster, labor troubles, strikes, lockouts, governmental action, inaction, delay, or restriction, or act of terrorism, or any other circumstances beyond the control of Survive-A-Storm, should prevent, curtail or delay the performance by Survive-A-Storm, then such non-performance or delay will not be considered a breach, and Survive- a-Storm will be excused while such condition or circumstances and its consequences prevail, and the time for Survive-A-Storm to perform hereunder will be extended accordingly.

9. Cancellation

After placement of an acceptable Purchase Order, the Purchaser may cancel the order only upon written notice to Survive-A-Storm, which notice will be effective only upon actual receipt by Survive-A-Storm, and upon payment to Survive-A-Storm reasonable cancellation charges to be specified by Survive-A-Storm, including but not limited to the cost to close out all purchase orders issued to subcontractors and vendors of Survive-A-Storm for materials and services, the value of all engineering and drafting services rendered by Survive-A-Storm at its billable rates in effect at the time of cancellation, including time associated with proposal preparation and close out of the job, and overhead expenses of Survive-A-Storm, and profit prorated based on the percent of job completion at time of cancellation. Where Purchaser has cancelled an order for convenience any and all payments made to Survive-A-Storm up until the effective cancellation date shall not be required to be returned to Purchaser.

10. Warranties of Survive-A-Storm

a. Materials and Workmanship: Survive-A-Storm warrants the Equipment to be supplied will be free from defects in workmanship and material at the time the Equipment is ready for shipment. Should any failure to conform to this warranty be discovered within one year from the date of initial operation, or within 18 months from the date of Survive-A-Storm’s documented readiness for shipment notification, whichever occurs first, Survive-A-Storm will, upon prompt notification thereof and provided the Equipment has been stored, installed, maintained, and operated in accordance with good industry practice and any specific recommendations and directions of Survive-A-Storm, correct such non-conformity by repair or replacement, at its sole option and discretion, of such defective item. Survive-A-Storm will not be responsible for costs of removal or installation of any item not supplied by Survive-A-Storm nor will Survive-A-Storm be responsible for any transportation costs or charges for any work performed by others without its prior written consent. If repairs or replacements under this warranty are performed on an overtime or multiple shift basis at the request of Purchaser, the cost of overtime premium pay, shift differential, related payroll burden and overhead, and non- productive manhours associated with such overtime or multiple shift work will be paid by Purchaser. Purchaser will further provide reasonable access to the Equipment at no charge to Survive-A-Storm. Fabricating methods will be to Survive-A-Storm standards unless deviations are clearly covered by Purchaser specifications provided at the time of inquiry and prior to the issuance of the Proposal, and such specifications are expressly accepted by Survive-A-Storm as stated in the Proposal. Purchaser inspection procedures or requirements, if any, must be included in the inquiry received from Purchaser to be fully considered and included in the Proposal. With regard to Equipment to be supplied hereunder, commodity goods such as, for example, rotating equipment, manual valves, and instruments, Survive-A-Storm will obtain the manufacturer's warranty, will pass the warranty through to Purchaser, and will use reasonable commercial efforts (excluding litigation) to assist Purchaser in requiring the manufacturer to fulfill the obligations of its warranty. All rights under the manufacturer's warranty will be assigned to Purchaser to facilitate Purchaser’s direct contact with the manufacturer. Purchaser may assert and enforce at Purchaser’s own expense any and all rights and claims it may have against the manufacturer.

b. Performance: No performance warranty will be given on the Equipment unless expressly stated in the Proposal. Compliance with the performance warranty, if applicable, will be determined and confirmed by Purchaser in the presence of representatives of Survive-A-Storm in accordance with the Performance Test Protocol specified in the Proposal. Unless otherwise expressly stated in the Proposal, if the Equipment fails to meet the performance warranty, Purchaser's sole and exclusive remedy will be for Survive-A-Storm to make such alterations to the Equipment, as necessary, to meet the performance warranty. The performance warranty, if applicable, will expire on its own terms if a Performance Test is not conducted within one hundred twenty (120) days of installation or six (6) months after the documented ready to ship date, whichever occurs first. Once the Equipment meets the requirements of the Performance Test, the performance warranty will be fulfilled and met, notwithstanding any subsequent non-performance, and Survive-A-Storm will have no further obligation to Purchaser regarding the performance warranty.

c. A separate Survive-A-Storm Buildings Warranty may be provided and attached to these Terms and Conditions which will be applicable to any Building purchased from Survive-A-Storm. The separate Survive-A-Storm Building Warranty will override the warranty provided in these Terms and Conditions.

d. The foregoing warranties are void if Purchaser performs any repair or modifications to the Equipment without the prior written consent or approval of Survive-A-Storm.

e. Correction of any non-conformance, in the manner provided above, will satisfy all obligations of Survive-A-Storm under this warranty with respect to the Equipment.

11. Limitation of Liability

a. EXCLUSION OF WARRANTIES: EXCEPT FOR THE EXPRESS WARRANTY PROVIDED HEREIN, Survive-A-Storm DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, AND ANY RELATED TECHNICAL ADVICE OR FIELD SERVICES PROVIDED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

b. EXCLUSION OF CONSEQUENTIAL DAMAGES: IN NO EVENT, WILL Survive-A-Storm BE RESPONSIBLE FOR ANY LOST PROFITS OR OTHER ECONOMIC LOSS, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING UNDER WARRANTY, CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, INDEMNIFICATION, OR ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER.

c. Dollar Limitation: Any liability of Survive-A-Storm OR its SUBCONTRACTORS OR VENDORS with respect to any contract, or anything done in connection HEREwith, or from the MANUFACTURE, SALE, DELIVERY, RESALE, INSTALLATION, technical advice or field services regarding the storage, installation, commissioning, start-up assistance, optimization, operation, use, maintenance, repair OR REPLACEMENT of any equipment, whether ARISING UNDER WARRANTY, contract, negligence, GROSS NEGLIGENCE, strict liability, INDEMNIFICATION, or ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER, WILL not exceed ONE HUNDRED PERCENT (100%) of THE purchase ORDER price.

d. Exclusive Remedy: The remedies of Purchaser are exclusive. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. PurcHaser’s remedies are limited to the remedies stated herein and these remedies shall not fail OF their essential purpose because PURCHASER is limited to the exclusive remedies provided herein.

e. Provisions applicable to Owner: In the event Purchaser and Owner are different parties, the following will apply: (1) Purchaser will obtain from Owner, in favor of Survive-A-Storm, an agreement that Owner will be bound by the remedies extended herein; if Purchaser does not do so, Purchaser, will indemnify Survive-A-Storm from and against all liability, damages, costs, losses, or expenses, including reasonable attorney fees, in excess of those remedies provided for herein. (2) Purchaser will obtain from Owner, in favor of Survive-A-Storm, its subcontractors and vendors, a release from consequential damages to the extent stated herein; or if Purchaser does not do so, Purchaser will indemnify and hold harmless Survive-A-Storm from and against all liability, damages, costs, losses and expenses, including reasonable attorney fees, resulting from Owner's consequential losses of any nature.

f. Subrogation Rights: Purchaser and Owner/User hereby waive the subrogation rights of their respective property damage and business interruption/extra expenses insurers in favor of Survive-A-Storm and its subcontractors. All liability of Survive-A-Storm and its subcontractors for damage to the property of Purchaser will be subject to the limitations herein and limited to occurrences prior to the expiration of the warranty period.

12. Patent Defense and Non-Liability: Purchaser Indemnity

a.Survive-A-Storm will defend, using counsel of its own choosing and having sole discretion and control over the conduct of such defense, and indemnify any suit instituted against Purchaser for infringement of a United States patent issued prior to the date of the Proposal, relating to any Equipment provided by Survive-A-Storm, provided the alleged infringement arises only from the use of such Equipment by itself and not in combination with other devices, and provided Purchaser gives Survive-A-Storm immediate notice in writing of any claim of the infringement or institution of any suit, permits Survive-A-Storm to defend such suit and furnishes all needed information, assistance, and authority to enable Survive-A-Storm to do so. In case of a final award of damages in any such suit Survive-A-Storm will pay such award but will not be responsible for any settlement by Purchaser made without Survive-A-Storm's written consent. Notwithstanding the foregoing, Survive-A-Storm will have the right to cure any alleged infringement at its option by (i) acquiring a nonexclusive license for Purchaser to continue to use the Equipment, (ii) supplying a modified designs, additional or alternate Equipment parts for the modification of the infringing Equipment to avoid infringement, (iii) refunding that portion of the price received by Survive-A-Storm for the infringing Equipment and abandoning the infringing Equipment, or (iv) taking such other action that permits Purchaser to continue to use the Equipment. Survive-A-Storm will not be liable for any other out-of-pocket or other expenses of Purchaser in connection with the defense of a patent infringement claim or with the cessation of use of the design. This indemnification does not apply to any liability for infringement (x) of any method patent where the Equipment is used with other devices or required by Purchaser or any third party for carrying out a process resulting in a combination of steps which is deemed to infringe a method patent or patent directed to a combination of steps, (y) the Equipment is modified by Purchaser, or (z) the Equipment is used in a manner different than the use communicated to and understood by Survive-A-Storm at the time the Equipment was sold and such use constitutes infringement.

b. Purchaser will indemnify and hold harmless Survive-A-Storm, any subsidiary or affiliated entities, their officers, directors, agents and employees from all claims, suits, loss, liability or expense, including reasonable attorney fees and disbursements, arising out of or in connection with any claim of infringement made by others with respect to Equipment manufactured in accordance with designs or specifications furnished or required by Purchaser. Purchaser will indemnify Survive-A-Storm from any suit or proceeding brought against Survive-A-Storm by any third party based on claims resulting from exceptions (x), (y), and (z) as stated in Section 12(a) above.

13. General Indemnity

Purchaser will indemnify and hold harmless Survive-A-Storm from and against all liability, damages, costs, losses, and expenses, including reasonable attorney fees, of any kind claimed by any third party (including employees of Purchaser), including liability, damages, costs, losses, and expenses attributable in part to the negligence of Survive-A-Storm, and which arise out of or relate to the storage, installation, commissioning, start-up, optimization, operation, use, maintenance, repair or replacement of the Equipment following shipment, except to the extent caused by the sole negligence of Survive-A-Storm.

14. Project Documents

Any drawings, sketches, or other documents furnished by Survive-A-Storm, including the Proposal, are strictly for the stated one time use of Purchaser and/or Owner as stated in the Proposal. The Proposal and all information contained in such documents are proprietary to Survive-A-Storm. Purchaser will keep all information relating to the Equipment in strictest confidence. Neither Purchaser nor Owner may copy, publish, or otherwise disseminate the Proposal or any drawings, sketches, or other documents furnished by Survive- a-Storm or their contents nor provide any other information relating to the Equipment or the Proposal to any other party without the prior written permission of Survive-A-Storm.

15. Intellectual Property

Purchaser acknowledges that any and all inventions, discoveries, improvements, or creations which Survive-A-Storm or its subcontractors may conceive of or make in the performance of the Purchase Order, whether individually or jointly with others, shall be the sole and exclusive property of Survive-A-Storm. Except for the storage, installation, use, operation, maintenance, and inspection of the Equipment, Purchaser may not copy, publish, or otherwise disseminate the proposal or any drawings, sketches, or other documents or their contents, or provide any other information relating to the Equipment or the Proposal to any other party without the prior written permission of Survive- a-Storm. Purchaser may not use the drawings, sketches, or other documents furnished by Supplier to replicate, manufacture, or have fabricated any of the Equipment. Replicate, manufacture, and fabricate in the context of this paragraph relates to installation of additional, identical goods outside of the application and site for which a Purchase Order is issued. The information contained in the Proposal is proprietary to Survive-A-Storm and shall not be reproduced or disclosed in whole or in part or used for any purpose except when such user possesses direct written authorization from Survive-A-Storm.

16. Choice of Law

All disputes concerning validity, interpretation, and application of these Terms and Conditions, will be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of Kansas, applicable to agreements made and to be performed wholly within the State of Kansas, without regard to other principles and choice of law, except to the extent the laws of United States shall apply. The parties disclaim any applicability of the United Nations Convention on the International Sale of Goods. In the event any dispute, controversy, claim, or disagreement arising out of or relating to the Purchase Order issued by Purchaser, or the breach thereof by either party, the parties will use their reasonable commercial efforts to resolve the matter as quickly as possible. To this effect, they will consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach a solution within thirty (30) days, then upon written notice by either party to the other, the dispute, controversy, claim, or disagreement will be resolved and settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including the Optional Rules for Emergency Measures of Protection). One arbitrator will be appointed by the parties in accordance with the American Arbitrations Association’s rules. A reasoned written award will be required and will be made within nine months of the filing of the notice to arbitrate and the arbitrator will agree to comply with this schedule before accepting appointment. The arbitrator will have no authority to award consequential damages (as disclaimed in Section 11) or punitive damages to either party but will have the authority to award the payment of attorney fees and costs to the prevailing party. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be conducted in English language in Wichita, Kansas, in accordance with the United States Arbitration Act.

Any notice of dispute, controversy, claim, or disagreement or the submission of such dispute, controversy, claim, or disagreement to arbitration may be served upon the parties by delivering or mailing the same, via registered or certified mail, addressed to the party at the address provided herein for notices. Delivery by mail service will have the same force and effect as personal service within the State of Kansas.

17. Default and Remedies

A default by Purchaser includes, for example, Purchaser’s failure to make any payment on time, failure to act in a reasonable time to approve Survive-A-Storm's submission or to make such information, documents or other aspect available as required by Survive-A-Storm, breach of any provision of the Proposal, or Purchaser enters bankruptcy or receivership. Upon default by Purchaser, the obligations of Survive-A-Storm will terminate completely and automatically. All amounts due Survive-A-Storm under the Proposal will be immediately due and payable. In addition, Purchaser will be responsible for all costs and expenses incurred by Survive-A-Storm as a result of exercising its rights, including reasonable attorney fees, court costs, and collection costs.

18. Non-Assignability

Neither party may assign its rights and obligations under any Purchase Order issued by Purchaser without the prior written consent of the other party.

19. Notices

Any consent, agreement, or notice required or permitted to be given or made by one of the parties hereto to other party will be in writing and in the English language and will be delivered in person, United States Postal Service, email, or by Federal Express (or other recognized international courier service requiring signature upon receipt), and receipt is verified. Such notice will be effective upon receipt. Addresses and designated contact names will be set forth in the Purchase Order and such addresses and designated contact names may be modified from time to time, by written notice to the other party, given in the aforesaid manner.

20. Severability

It is intended that each provision of these Terms and Conditions will be viewed as separate and divisible, and that in the event any provision is held to be invalid, the remaining provisions will continue in full force and effect.

21. Binding Upon Successors

These Terms and Conditions will be binding upon and inure to the benefit of the parties hereto and their heirs, successors, administrators, and assigns as herein provided. No third party is nor will be construed as a beneficiary of any provision of the Proposal, the Purchase Order, or these Terms and Conditions, or any Equipment provided by Survive-A-Storm.

22. Modification and Waiver

No change, modification, or waiver to any terms or scope of any order will be binding and valid unless it is accepted in writing and signed by an authorized representative of Survive-A-Storm. No waiver of any of the provisions of the Purchase Order, the Terms and Conditions, or the Proposal will be deemed or constitute, waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver.

23. Prior Agreements

These Terms and Conditions supersede and replace all prior agreements, representations and warranties (including without limitation, implied warranties of merchantability or fitness for a particular purpose), written or oral, with respect to the Equipment to be provided by Survive-A-Storm.

24. Captions

The captions set forth herein are for convenience only and have no binding effect, nor will they be considered in interpreting these provisions.

Building Materials Pricing

The total price for this project has been estimated based on typical Survive-A-Storm frame member sizing and using current prices for structural steel. The market for the building structural materials can be volatile, and sudden price fluctuations can occur. Should this occur, an impact to total building MSRP price and/or the schedule for building completion may be affected. Should there be an increase in the prices of these materials that are purchased after execution of contract for use on this project, it may be necessary for Survive-a-Storm to pass those increases on to the Customer. If an increase is necessary, Survive-A-Storm shall provide written notice, delivered to the Customer, stating the increased cost of building material or materials in question. Survive-a-Storm’s proposal is based on the drawings provided at the time of bid.

General Overview

Engineering Price and Design Basis

Project Design Parameters

Engineering Price (If Applicable + Noted in Quote) Includes:

Certifications, Codes, & Standards

Survive-A-Storm can meet the following Certifications and Codes only as listed and accounted for in the Proposal. Such costs for any additional or new requirements arising after the project award shall be recoverable through the Change Order process.

FEMA P-361- Safe Rooms for Tornadoes and Hurricanes, Fourth Edition
ICC 500 2020- ICC/NSSA Standard for the Design and Construction of Storm Shelters
IBC 2015 – International Building Code
NEC 2017 – National Electrical Code

Texas
TDLR – Texas Department of Licensing and Regulation - Industrialized Housing and Buildings Certified Manufacturer

Alabama
AMHC-Alabama Manufactured Housing Commission

Survive-A-Storm designs and builds ONLY to the Certifications, Codes, and Standards listed in this Proposal. Survive-A-Storm specifically excludes any local or state amendments to these codes, unless specifically noted otherwise in this proposal. Survive-A-Storm also specifically excludes any special local or state codes, certifications, permits, or inspections unless specifically noted otherwise in this proposal. If Customer’s specific requirements differ from those listed in this Proposal, they must be clearly specified in writing by Customer and provided to Survive-A-Storm prior to issuing a purchase order. Survive-A-Storm will review the differing requirements and revise the Proposal (including corresponding cost adjustments, if any) to include the additional customer requirements acceptable to Survive-A-Storm. Survive-a-Storm will then submit the revised Proposal, or Change Order in the case project has already been awarded to the Customer for final approval. Any purchase order or contract issued thereafter shall state that all required manufacturing specifications are contained in and will be according to Survive-A-Storm’s Proposal.

Proposal Exclusions

(unless otherwise noted)

1. Any ICC Code Compliance requirements not referenced or accounted for in this Proposal. Examples include, but are not limited to:
   
   • MEP-stamped drawings and calculations
   • Life Safety Plan
   • Peer Review
   • Permitting
   • Site Surveys
   • Weld inspections
   • Anchor Pull Test
   • State Registration + Product Approval
   • Engineer of Record Site Visit
   • Engineer of Record Inspection Authorization Letter
   • Additional Insurance Requirements
   • Trade Permits (plumber, electrician, etc)
   • 3rd Party Review
   • Engineer stamped QA plan
   • Annual Inspections
   • Soil Reports
   • Fire Safety
2. On-site utility connections to (Materials & Labor)
3. MCC or other plant electrical equipment
4. Walkways, stairs, ramps, and landings
5. Spreader bars or slings
6. Fire Alarm interface 6.Construction site fencing
7. Electrical Connections
8. Plumbing Connections
9. Landscaping
10. Fees or fines caused by delays in delivery or onsite commissioning (OSC) due to products, materials, or equipment due to no fault of Survive-A-Storm

Extended Warranty
Survive-A-Storm offers 24, 36, 48 & 60-month extended warranty packages. Please contact your respective Survive-A-Storm Account Manager for pricing.

Proposal Clarifications

1. Proposal based on Survive-A-Storm design and standard offerings, any furnishing, finishes, and equipment not included in the Survive-A-Storm proposal and scope of work is not included in this pricing.
2. This proposal includes Survive-A-Storm’s standard quality procedures and Quality Manual to be provided upon request
3. Storm Shelter will be built in accordance with only those certifications, codes, and standards as listed on page 6 of this proposal. Any other certifications, codes, standards, third-party reviews, and inspections will need to be clarified prior to the final purchase order. Any certifications, codes, standards, third-party reviews, and inspections identified post-project award shall be subject to a Change Order.
4. Survive-A-Storm's scope of work does not include any fire-rated interior partitions

Anchoring

Survive-A-Storm to provide anchors and embed plates welded to the shelter per the engineering plans. The quantity and location of anchor plates will be finalized during engineering. Survive-A-Storm will provide anchor loads to be used for foundation design if foundation design is not part of Survive-A-Storm’s scope.

Foundation design can be offered by Survive-a-Storm; however, it is to be by others unless clearly included in Survive-A-Storm’s scope. The shelter will be welded to embedded plates in the foundation and fastened to the foundation with anchor bolts. Foundation embedments and anchor bolts are provided by Survive-A-Storm.

Buildings may be either welded or bolted to the foundation, and shims may be required. If bolting the building to the foundation, Survive-A-Storm recommends using Hilti anchors to be located after the building is placed on the foundation. Anchor bolts & labor to bolt/weld the building to the foundation are to be provided by Survive-A-Storm, unless clearly defined in Survive-A-Storm’s scope.

Quality Scope of Work

This proposal pricing includes the standard inspection services:

Site Construction Scope of Work

Survive-A-Storm’s proposal price does not reflect site preparation, generator and or utility equipment for temporary power, temporary restroom facilities, construction fencing, permanent onsite utility connections, permanent onsite plumbing connections, or permitting. Survive-A-Storm can offer these services upon request for an additional fee.

Change Orders

After purchase order acceptance, changes to the project scope are subject to change order approval and will be invoiced to Purchaser after approval.

Change order price will include costs associated with the changes to the project scope. Change order fees and charges are calculated after change order price is determined.

Project timeline and schedules will be reassessed and adjusted for each change order. Project delivery dates may be impacted by change orders.

Schedule

Estimated fabrication and preparation for shipment date will be provided after customer approved sealed engineered drawings; based upon current Survive-A-Storm production capacity. This schedule is contingent upon availability of components, customer response time and documentation requirements.

Note: Orders requiring state or local approvals are placed into the production schedule after receipt of such approvals.

Payment Terms

Survive-A-Storm requires progressive milestone payments of building costs. They are as follows:

1. 40% of total sum due along with Survive-A-Storm’s acceptance of the Purchase Order
2. 50% of total sum due after storm shelter Serial numbers and photos to be provided to client
3. 10% final payment of purchase price due net 30 after final walk through and client acceptance

Change Orders will be billed separately from milestone payments and will be invoiced when approved by Purchaser.

All payments are due within 30 days from invoice. If Engineering Only P.O. is issued, total sum of engineering is due at time of P.O. issuance.

Specifications

Building Structure

Walls

Roof

Doors

Exterior Finish Standard Applications

Accessories

Restroom

Plumbing

Electrical/Communications

Installation Process Overview

General

Inclusions:

• Drug screening and all applicable training
• Bids are quoted on a standard 6-day workday
• Any SOW change will be reviewed with the customer, and upon receiving approval Survive-A-Storm supervisor will issue the appropriate change orders

Exclusions:

The customer will be responsible for:

• Providing site-specific safety training along with a detailed list of site training requirements 60 days before the scheduled arrival of the installation crew
• Hooking up permanent power to the building
• All permanent plumbing connections outside of the perimeter of the building
• Ensuring non-Survive-A-Storm personnel remain clear of the unit throughout the installation process. This will eliminate potential damage to the building finish, and possible rework of ongoing Any damage or required rework will be addressed with the customer, and a change order will be issued as needed.
• Any site-specific safety equipment that is beyond industry standard

Assembly

Inclusions:

Survive-A-Storm will supply:

• All hardware required for assembly connections (multi-section)
• Personnel required for assembly connections
• Assembly-specific tools (Impact wrenches, sockets, bars)
• Survive-A-Storm will coordinate with the crane operators and riggers prior to any lift and throughout the assembly process
• As a safety precaution, Survive-A-Storm personnel will remain separate from all lifting activities until each unit has been placed within one foot of the ground for final placement.
• Coordinating the crane, providing lift plans, and personnel required for the placement of all Survive-A-Storm will be responsible for all equipment required for lifting and placement of units (Crane, Rigging, etc).

Exterior Finish

Inclusions:

Survive-A-Storm will provide:

• Standard safety equipment such as: Ladders, Safety harnesses, and lifeline fall protection
• All materials and equipment required for sealing and finishing all module seam locations (seam tape, liquid silicon, ridge cap, fasteners, etc.)
• Personnel for the installation of equipment and material outlined within the approved SOW
• Any safety requirements beyond the equipment outline (i.e., scaffolding, JLG, Scissor lift, etc.)
• Providing any equipment required for material lifting (i.e., Crane, boom truck, forklift, rigging)
• Any sealing measures at the location where the building and the foundation meet

Exclusions:

The customer will be responsible for:

• Providing temporary power and water to the buildings if permanent hook-ups are not available upon arrival of the Survive-A-Storm installation crew. (i.e., generator with leads, water faucet, etc.)

Interior Finish

Inclusions:

Survive-A-Storm will:

Survive-A-Storm will:

• Provide the required tools and equipment to finish the interior of the building
• Furnish all materials required to finish the interior of the building
• Supply the personnel required to finish the interior of the building as defined by the original SOW

Exclusions:

The customer will be responsible for:

• The assembly and installation of interior furniture, appliances, or devices

Crane & Rigging for Off Loading

Inclusions:

The estimate is based on the following times for completion.

• Travel to the site, crane setup, and building assembly
• (1) 8-hour day for crane teardown and return to yard

The estimate is based on the utilization of a 100-ton crane.

• The timeline identified includes travel to the site and setup
• Time on site for assembly
• Equipment teardown and return travel to the yard

The crane identified will require complete access to the site to reduce the lifting radius. The estimate is based on all equipment provided by the crane company.

• Crane
• Any rigging required for the lift

Personnel provided will include:

• Crane operator
• Certified Rigger

Survive-A-Storm personnel will assist the crane crew with lifting activities once all rigging has been completed.

Clarifications:

Survive-A-Storm, or its rigging & crane vendors, shall provide all necessary materials, labor, and tools to expedite crane setup and breakdown.

If site access is limited, and a larger crane is required due to increased lifting radius, additional charges may apply. Delivery delays to the site due to limited site access, resulting in additional time on site for the crane, may result in additional charges.

Terms of Conditions for Website Use

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at info@survive-a-storm.com

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to Use Website

Unless otherwise stated, https://survive-a-storm.com and/or its licensors own the intellectual property rights published on this website and materials used on https://survive-a-storm.com. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:

• republish material from this website in neither print nor digital media or documents (including republication on another website);
• sell, rent, or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website;
• redistribute material from this website – except for content specifically and expressly made available for redistribution; or
• republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable Use

You must not use this website in any way that causes or may cause, damage to the website or impairment of the availability or accessibility of https://survive-a-storm.com or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to this website without our express written consent. This includes:

• scraping
• data mining
• data extraction
• data harvesting
• ‘framing’ (iframes)
• Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without the express written consent of SAS.

Restricted Access

Access to certain areas of this website is restricted. We reserve the right to restrict access to certain areas of this website, or at our discretion, this entire website. We may change or modify this policy without notice. If SAS provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. We may disable your user ID and password at our sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose. You grant SAS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights and bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or SAS or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or another similar complaint. We reserve the right to edit or remove any material submitted to this website, stored on the servers of SAS, or hosted or published on this website. Our rights under these terms and conditions in relation to user content, SAS does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

SMS Messaging

Text Marketing. By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from RedGuard Diversified Structures DBA Survive-A-Storm Shelters at the cell number used when signing up. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply.

RedGuard Diversified Structures DBA Survive-A-Storm Shelters (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, OPT-OUT, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning marketing, order confirmation, and order updates regarding their Storm Shelter purchase.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@survive-a-storm.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Daytona Beach, Florida before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which RedGuard Diversified Structures DBA Survive-A-Storm Shelter’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. SAS makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, SAS does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of Liability

We will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special, or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if we have been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of RedGuard Diversified Structures, dba Survive-A-Storm Shelters in respect of any:

• death or personal injury caused by the negligence of us or its agents, employees or shareholders/owners;
• fraud or fraudulent misrepresentation on the part of us; or
• matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SAS.

Unenforceable Provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with our Privacy Policy constitute the entire agreement between you and SAS in relation to your use of this website and supersede all previous agreements in respect of your use of this website.