Terms of Service

By accessing or using the Service, you (“User”) agree to be legally bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not access or use the Service.

If you are using the Service on behalf of a business or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms.

The Service is a software platform that allows users to input information and generate Emergency Response Plans (“ERP Documents”) for informational and organizational purposes.

The Service operates solely as an automated document generation tool based on user-provided data. The Company does not independently verify, validate, audit, or guarantee any information entered or any output generated.

The Service and all ERP Documents are provided strictly for general informational purposes. They do not constitute and must not be relied upon as:

• Legal advice
• Safety or life-safety advice
• Engineering or structural advice
• Fire protection or emergency response certification
• Insurance or risk management advice
• Regulatory or compliance guidance

Prominent Marketing, LLC d/b/a Marketing Ninjas is not a licensed professional in any jurisdiction. No ERP Document generated by the Service shall be interpreted as a certified emergency response plan, a code-compliant safety document, or a substitute for consultation with qualified professionals.

Users are solely responsible for obtaining independent review and approval from licensed professionals where appropriate.

User acknowledges and agrees that:

• All information entered into the Service is solely the responsibility of the User.
• The accuracy, completeness, and effectiveness of ERP Documents depend entirely on User input.
• User must independently review, verify, and approve all ERP Documents prior to use or distribution.
• User is solely responsible for compliance with all applicable laws, regulations, building codes, OSHA requirements, and safety standards.
• User assumes full responsibility for the implementation, execution, maintenance, and updating of any emergency response plan.
• The Company has no obligation to review, correct, or validate any user-provided data or generated output.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, AND ERROR-FREE OR UNINTERRUPTED OPERATION.

The Company does not warrant that:

• The Service will be free from bugs, defects, or vulnerabilities
• The Service will be continuously available or secure
• ERP Documents will be accurate, complete, or suitable for any purpose
• Use of the Service will prevent loss, damage, injury, or liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROMINENT MARKETING, LLC d/b/a MARKETING NINJAS, OR ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, FAILURE OF EMERGENCY RESPONSE, OR THIRD-PARTY CLAIMS.

This applies to claims arising from or related to use or misuse of the Service, reliance on ERP Documents, errors or omissions, software bugs or defects, system failures or downtime, and data loss, corruption, or breach — regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if the Company has been advised of the possibility of such damages.

To the maximum extent permitted by law, the total cumulative liability of the Company for any and all claims arising out of or related to the Service shall not exceed the total amount paid by the User to the Company in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

User acknowledges that:

• Emergency situations are inherently unpredictable and hazardous
• No emergency response plan can guarantee safety or prevent damage
• Improper or incomplete information may result in serious harm

User voluntarily assumes all risks associated with use of the Service, use or distribution of ERP Documents, and implementation of any emergency procedures.

User agrees to defend, indemnify, and hold harmless Prominent Marketing, LLC d/b/a Marketing Ninjas and its affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• User’s use of the Service
• ERP Documents created, distributed, or implemented by User
• Failure to verify or update information
• Third-party reliance on ERP Documents
• Violation of applicable laws, regulations, or safety standards
• Personal injury, death, or property damage connected to use of ERP Documents

The Company shall have no responsibility or liability for any third-party reliance on ERP Documents.

User agrees not to represent ERP Documents as certified, guaranteed, legally compliant, or professionally approved. User assumes full responsibility for any sharing or distribution of ERP Documents.

User acknowledges that the Service may contain bugs, defects, or vulnerabilities, may experience interruptions or downtime, and that data transmission and storage are not guaranteed to be secure.

The Company shall not be liable for any damages arising from software errors or malfunctions, data loss or corruption, unauthorized access, or service interruptions.

User retains ownership of all data submitted.

User grants the Company a non-exclusive, worldwide, royalty-free license to use, store, process, and display such data solely for purposes of operating and improving the Service.

The Company makes no guarantees regarding data retention, data accuracy, or data security.

User shall not:

• Use the Service in violation of any law or regulation
• Represent ERP Documents as certified or guaranteed safety plans
• Use the Service for life-critical systems without independent professional validation
• Attempt to reverse engineer, disrupt, or exploit the Service

The Company reserves the right to modify or discontinue the Service or these Terms at any time without prior notice. Continued use of the Service constitutes acceptance of updated Terms.

The Company may suspend or terminate User access at any time, with or without cause. Upon termination, access may be revoked immediately and data may be deleted without liability.

These Terms shall be governed by and construed in accordance with the laws of the State in which Prominent Marketing, LLC is organized, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration. User agrees that arbitration shall be conducted on an individual basis only, no class actions or representative actions are permitted, and User waives the right to a jury trial.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms constitute the entire agreement between User and Prominent Marketing, LLC d/b/a Marketing Ninjas regarding the Service and supersede all prior agreements.