Terms of Service

Last updated: August 14, 2026

These Terms of Service ("Terms") are a binding agreement between you and Response Ready Fire Systems LLC, a California limited liability company doing business as EmberHawk Sprinklers ("EmberHawk," "we," "us," "our"), governing your use of emberhawksprinklers.com (the "Site") and your purchase and use of our products (the "Products").

PLEASE READ SECTION 6 (SAFETY ACKNOWLEDGMENT), SECTION 10 (LIMITATION OF LIABILITY), AND SECTION 13 (BINDING ARBITRATION AND CLASS ACTION WAIVER) CAREFULLY. THEY LIMIT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

By using the Site or placing an order, you accept these Terms. If you do not agree, do not use the Site or purchase the Products.

1. Eligibility

You must be at least 18 years old and able to form a binding contract. By ordering, you represent that you meet these requirements and that the information you provide is accurate.

2. What the Products are — and are not

EmberHawk Products are exterior water-delivery devices intended as a supplemental wildfire mitigation aid. You acknowledge and agree that:

  • The Products are not a fire suppression system, not a fire alarm system, and not life safety equipment.
  • The Products are not designed, listed, certified, or approved to NFPA 13, NFPA 13D, NFPA 13R, or any other fire protection standard, and are not a substitute for any code-required fire protection system.
  • The Products are not a substitute for defensible space, vegetation management, ember-resistant vents, Class A roofing, building hardening, homeowner's insurance, professional fire services, or evacuation.
  • Wildfire behavior is unpredictable. No product, including ours, can guarantee that a structure will survive a wildfire. Many homes protected by exterior sprinklers are lost anyway.
  • We make no representation that use of the Products will reduce your insurance premium, satisfy any insurer requirement, qualify you for any coverage, discount, or program, or satisfy any building code, ordinance, defensible space requirement, or condition of a fire authority.

3. Water supply, pressure, and site conditions

The Products operate on the water supply you connect them to. You are solely responsible for confirming that your water supply meets the Product's published pressure and flow specifications before purchase and before relying on the Products.

You further acknowledge that:

  • Municipal water supply and pressure are frequently reduced or lost entirely during a wildfire event, including from power loss to pumping stations, main breaks, and simultaneous draw by firefighting operations;
  • Well systems depend on electrical power, which is commonly interrupted during wildfire and Public Safety Power Shutoff events;
  • Water restrictions, drought rules, HOA rules, and local ordinances may limit or prohibit operation;
  • Roof, gutter, fascia, and structural mounting points must be sound and capable of supporting the Products, and evaluating that is your responsibility;
  • Working at height is dangerous. We strongly recommend professional installation. You assume all risk associated with installation, including falls, roof damage, electrical contact, and tool use.

4. Installation, permits, and compliance

You are responsible for installing and operating the Products in accordance with our written instructions and with all applicable laws, codes, ordinances, water agency rules, HOA and CC&R restrictions, permit requirements, and fire authority directives. Where connection to a potable water supply is involved, you are responsible for backflow prevention meeting the requirements of your local water purveyor.

5. No fire-event stay-behind

EMBERHAWK DOES NOT ENCOURAGE, ENDORSE, OR CONDONE REMAINING ON A PROPERTY DURING A WILDFIRE FOR ANY REASON, INCLUDING TO ACTIVATE, ADJUST, MONITOR, DEFEND, OR RECOVER OUR PRODUCTS.

EVACUATE WHEN INSTRUCTED. LEAVE EARLY. NO PROPERTY IS WORTH YOUR LIFE.

The Products are intended to be set up and activated in advance of a threat and left unattended. Any decision to remain on a property during a fire event is made solely by you, contrary to our express instruction, and entirely at your own risk.

6. Safety acknowledgment and assumption of risk

By purchasing, you acknowledge that you have read Sections 2 through 5, that you understand the Products cannot guarantee protection of any structure or person, and that you knowingly and voluntarily assume all risks associated with the selection, purchase, installation, maintenance, and use of the Products, to the fullest extent permitted by law.

7. Orders, pricing, and availability

All orders are offers to purchase and are subject to our acceptance. We may refuse, limit, or cancel any order — including for suspected resale, quantity limits during high-demand periods, pricing or description errors, suspected fraud, or unavailability — and will refund any amount charged.

Prices are in U.S. dollars and may change without notice. Pricing, typographic, photographic, and description errors do not obligate us to honor the erroneous term, and we may correct the error and cancel or reprice affected orders with your consent.

Emergency pricing. EmberHawk complies with California Penal Code § 396 and comparable laws in other states. We do not raise prices on our Products in response to declared emergencies.

8. Warranty; returns; shipping

Products are covered by our Limited Warranty. Returns are governed by our Refund & Return Policy. Shipping is governed by our Shipping Policy. Each is incorporated into these Terms by reference.

9. Disclaimer of warranties

EXCEPT AS EXPRESSLY STATED IN OUR LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ITS CONTENT, AND ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

Installation guidance, specifications, illustrations, videos, FAQs, and other information on the Site are provided for general reference only and are not engineering, fire protection, or design advice for your specific property.

Implied warranties that cannot be disclaimed under applicable law are limited in duration to one (1) year from delivery, consistent with our Limited Warranty. Some jurisdictions do not allow such limitations, so this may not apply to you.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBERHAWK AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF OR DAMAGE TO REAL OR PERSONAL PROPERTY, LOSS OF STRUCTURE, WATER DAMAGE, MOLD, LOSS OF USE, LOSS OF PROFITS OR INCOME, LOSS OF DATA, INCREASED INSURANCE COSTS, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE SITE, THE PRODUCTS, OR THESE TERMS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PRODUCTS, THE SITE, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO EMBERHAWK FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Exceptions. Nothing in these Terms limits or excludes liability for: personal injury or death where such limitation is prohibited by applicable law; fraud or fraudulent misrepresentation; willful injury to the person or property of another; violation of law, whether willful or negligent; or gross negligence — consistent with California Civil Code § 1668. Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless EmberHawk and its members, managers, officers, employees, contractors, suppliers, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: your installation, modification, maintenance, or use of the Products; your failure to comply with instructions, codes, permits, water agency rules, or fire authority directives; your decision to remain on a property during a fire event; your violation of these Terms; or your violation of any law or third-party right.

12. Site use and intellectual property

All content on the Site — text, graphics, photographs, videos, logos, product designs, and the EmberHawk name and marks — is owned by or licensed to EmberHawk and protected by intellectual property law. You may view and print content for personal, non-commercial use. You may not copy, scrape, republish, resell, reverse engineer, or create derivative works from the Site or Products, or use automated means to access the Site, without our prior written permission.

If you submit reviews, photos, or other content, you grant EmberHawk a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, and display that content for any business purpose, and you represent that you have the rights to grant it.

13. Binding arbitration and class action waiver

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

a. Informal resolution first. Before starting arbitration, you agree to contact us at sales@emberhawksprinklers.com with a written description of the dispute and the relief you seek, and to give us sixty (60) days to resolve it informally. This is a condition precedent to arbitration.

b. Agreement to arbitrate. If we cannot resolve the dispute informally, you and EmberHawk agree that any dispute, claim, or controversy arising out of or relating to the Products, the Site, these Terms, or our relationship — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved by final and binding individual arbitration, and not in court, except as provided below. The Federal Arbitration Act governs the interpretation and enforcement of this section.

c. Small claims carve-out. Either party may bring an individual claim in small claims court in the county of your residence or in Shasta County, California, if the claim qualifies and remains in that court on an individual, non-class basis. Either party may also seek injunctive relief in court to protect intellectual property rights.

d. Rules and forum. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at adr.org. The arbitration will take place in the county of your residence, or by telephone, videoconference, or documents-only submission at your election. A single arbitrator will decide the dispute and may award any relief available in court on an individual basis, including statutory attorneys' fees.

e. Fees. Payment of filing, administration, and arbitrator fees is governed by the AAA rules. For any claim seeking $10,000 or less, EmberHawk will pay all AAA filing, administration, and arbitrator fees unless the arbitrator finds the claim frivolous.

f. CLASS ACTION WAIVER. YOU AND EMBERHAWK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. If this subsection is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the remaining claims will proceed in arbitration.

g. Jury trial waiver. YOU AND EMBERHAWK WAIVE ANY RIGHT TO A JURY TRIAL for disputes subject to arbitration.

h. Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except for disputes about the scope or enforceability of the class action waiver in subsection (f), which a court will decide.

i. Your right to opt out. You may opt out of this arbitration agreement within thirty (30) days of your first purchase by emailing sales@emberhawksprinklers.com with the subject line "Arbitration Opt-Out," including your full name, address, order number, and a clear statement that you wish to opt out. Opting out will not affect any other part of these Terms or your purchase in any way.

j. Survival. This section survives termination of these Terms and any purchase.

14. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. For any dispute not subject to arbitration, you and EmberHawk consent to exclusive jurisdiction and venue in the state and federal courts located in Shasta County, California. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

15. Limitations period

To the extent permitted by law, any claim arising out of or relating to the Products, the Site, or these Terms must be filed within one (1) year after the claim arose, or it is permanently barred. This limitation does not apply to claims for personal injury or where a shorter limitations period is prohibited by law.

16. Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including wildfire, natural disaster, epidemic, war, terrorism, labor action, supplier or carrier failure, utility or telecommunications outage, cyberattack, or government action.

17. Changes to these Terms

We may update these Terms at any time by posting a revised version with a new "Last updated" date. Changes apply prospectively. The version in effect at the time of your order governs that order. Your continued use of the Site after changes are posted constitutes acceptance.

18. Miscellaneous

Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder stays in effect. No waiver. Our failure to enforce any provision is not a waiver. Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets. Entire agreement. These Terms, together with our Limited Warranty, Refund & Return Policy, Shipping Policy, and Privacy Policy, are the entire agreement between you and EmberHawk regarding their subject matter. Headings. Headings are for convenience only.

19. Contact

Response Ready Fire Systems LLC dba EmberHawk Sprinklers Redding, CA 96003 · 877-347-3732 · sales@emberhawksprinklers.com