Call Now
Call Now
Call Now
embersmart embersmart
leaf_1 leaf_2 leaf_3

Terms Of Service

TERMS OF SERVICE
 EmberSmart – Wildfire Mitigation & Fire Protection Landscaping

Effective Date: 01.28.26
 Last Updated: 01.28.26

IMPORTANT LEGAL NOTICE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE OR ENGAGING OUR SERVICES.

These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement between you (“you,” “your,” “Client,” “user”) and EmberSmart (“we,” “us,” “our,” “Company”), governing your access to and use of our website, services, and materials.

BY ACCESSING OUR WEBSITE, SUBMITTING AN INQUIRY, OR ENGAGING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must immediately discontinue use of our website and refrain from engaging our services.

1. DEFINITIONS

“Services” means all wildfire mitigation and fire protection landscaping services provided by EmberSmart, including property assessments, vegetation management, fuel reduction, defensible space creation, installation of mitigation systems, and related consulting services.

“Website” means EmberSmart’s website(s), including all pages, content, functionality, and related online platforms.

“Content” means all text, graphics, images, logos, photographs, videos, data, software, and other materials available through our Website or Services.

“Client Materials” means any information, documents, photographs, or other materials provided by you to EmberSmart.

“FireSmart” refers to the principles and guidelines developed by FireSmart Canada and adapted by various provincial programs, which EmberSmart follows but does not represent or control.

2. ACCEPTANCE AND MODIFICATION OF TERMS

2.1 Agreement to Terms

Your use of our Website or Services constitutes acceptance of these Terms, our Privacy Policy, and any additional terms referenced herein or provided in service agreements, contracts, or waivers.

2.2 Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time without prior notice. Changes become effective immediately upon posting to the Website. Material changes will be indicated by updating the “Last Updated” date at the top of these Terms.

Your continued use of the Website or Services after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

2.3 Additional Agreements

Specific services may require additional written contracts, service agreements, waivers, or releases. In the event of conflict between these Terms and a signed service agreement, the service agreement shall prevail with respect to those specific services.

3. ELIGIBILITY AND AUTHORITY

3.1 Age Requirement

You must be at least 19 years of age (the age of majority in British Columbia) to enter into this Agreement or engage our Services. By using our Website or Services, you represent and warrant that you meet this age requirement.

3.2 Authority to Contract

You represent and warrant that:

  • You have the legal authority to enter into binding agreements
  • If acting on behalf of a property owner, corporation, strata, or other entity, you have proper authorization to do so
  • You are the property owner or have obtained all necessary permissions and consents from the property owner
  • All information you provide is accurate, current, and complete

3.3 Restrictions

You may not use our Website or Services if:

  • You have been previously banned or had services terminated by EmberSmart
  • You are located in a jurisdiction where our Services are prohibited by law
  • Doing so would violate any applicable law or regulation

4. SCOPE OF SERVICES

4.1 Services Provided

EmberSmart provides wildfire risk reduction and fire protection landscaping services, including but not limited to:

  • Property Assessments: FireSmart-aligned wildfire risk evaluations and vulnerability assessments
  • Vegetation Management: Tree removal, pruning, brush clearing, and fuel load reduction
  • Defensible Space Creation: Establishing and maintaining zones of reduced fire risk around structures
  • Fire-Resistant Landscaping: Design and installation of fire-resistant plantings and landscape features
  • Mitigation System Installation: Seasonal sprinkler systems, ember-resistant barriers, vent screening, and related protective measures
  • Structure Vulnerability Reviews: Assessment of building materials, attachments, and fire-resistant features
  • Debris Removal: Removal and disposal of vegetation and materials resulting from mitigation work
  • Maintenance Services: Ongoing or seasonal maintenance of mitigation features
  • Consulting and Education: Recommendations, reports, and guidance on wildfire risk reduction strategies

4.2 Services NOT Provided

EmberSmart does NOT provide:

  • Emergency firefighting or suppression services
  • Emergency response or evacuation assistance
  • Insurance adjusting or claims processing
  • Legal or professional engineering advice (unless specifically qualified and contracted to do so)
  • Government-sponsored FireSmart program administration
  • Building permits or regulatory approvals (though we may assist with documentation)
  • Guarantees or warranties that property will be protected from wildfire

5. INFORMATIONAL PURPOSE AND DISCLAIMERS

5.1 General Information Only

All Content on our Website, including articles, guides, assessments, recommendations, and educational materials, is provided for general informational purposes only and does not constitute:

  • Professional advice tailored to your specific circumstances
  • Legal, financial, insurance, or tax advice
  • Engineering or architectural consultation
  • Official government guidance or regulation
  • Emergency instructions or safety directives

5.2 No Emergency Services

EMBERASMART DOES NOT PROVIDE EMERGENCY SERVICES.

IN THE EVENT OF A WILDFIRE EMERGENCY, ACTIVE FIRE, SMOKE, OR IMMEDIATE DANGER:

  • Call 911 or your local emergency services immediately
  • Follow evacuation orders from authorities
  • Do NOT contact EmberSmart for emergency response

Our Services are preventive and mitigation-focused, not emergency response.

5.3 Not a Substitute for Professional Advice

Information provided by EmberSmart should not replace consultation with qualified professionals, including:

  • Licensed engineers or architects for structural assessments
  • Lawyers for legal matters related to property, liability, or contracts
  • Insurance brokers or adjusters for coverage questions
  • Arborists or foresters for complex tree health or ecological issues
  • Municipal or provincial authorities for permitting and regulatory compliance

You should always verify information and seek independent professional advice appropriate to your specific situation.

6. NO GUARANTEE OF PROTECTION

6.1 Wildfire Mitigation is Risk Reduction, Not Elimination

You expressly acknowledge and agree that:

  • Wildfire mitigation services are designed to reduce risk but cannot eliminate it entirely
  • Wildfires are inherently unpredictable, complex natural phenomena influenced by numerous uncontrollable factors including weather, wind, fuel conditions, topography, neighboring properties, and emergency response capacity
  • EmberSmart makes NO WARRANTIES, GUARANTEES, REPRESENTATIONS, or ASSURANCES, express or implied, that our Services will prevent, stop, limit, or reduce damage, loss, injury, or destruction caused by wildfire or related hazards

6.2 Factors Beyond Our Control

The effectiveness of mitigation efforts may be compromised by factors including but not limited to:

  • Extreme weather events and climate conditions
  • Lack of maintenance or upkeep of mitigation features
  • Actions or inactions of neighboring property owners
  • Seasonal regrowth of vegetation
  • Changes in property use or conditions after service completion
  • Inadequate emergency response resources
  • Structural vulnerabilities we did not assess or were not authorized to address
  • Unknown or concealed property conditions

6.3 Variable Results

Service outcomes may vary based on:

  • Site-specific conditions (soil, topography, vegetation, water availability)
  • Property access and limitations
  • Budget constraints affecting scope of work
  • Seasonal timing of work
  • Client follow-through on maintenance recommendations

7. CLIENT RESPONSIBILITIES

7.1 Accurate Information

You agree to provide:

  • Accurate, complete, and truthful information about your property, ownership, and authorization
  • Disclosure of all known hazards, conditions, or restrictions (utilities, septic systems, wells, protected species, easements, covenants)
  • Timely updates if circumstances change

7.2 Property Access and Preparation

You agree to:

  • Grant safe and reasonable access to the property during scheduled service times
  • Ensure pets are secured and do not pose a risk to personnel
  • Remove or secure valuable or fragile items that could be affected by work
  • Notify EmberSmart of any access restrictions, locked gates, or special entry requirements
  • Arrange for utility locates (e.g., BC One Call) if excavation work is involved

7.3 Permits and Approvals

You are responsible for:

  • Obtaining any required permits, approvals, or variances from municipal, regional, or provincial authorities
  • Ensuring work complies with local bylaws, covenants, and zoning regulations
  • Notifying neighbors if required by local ordinance

EmberSmart may assist with permit applications but does not guarantee approval.

7.4 Maintenance

You acknowledge that:

  • Wildfire mitigation is an ongoing process, not a one-time fix
  • Regular maintenance is essential to maintain effectiveness
  • You are responsible for following maintenance recommendations provided by EmberSmart
  • Failure to maintain mitigation features may render them ineffective

7.5 Insurance and Financial Responsibility

You are solely responsible for:

  • Maintaining adequate property and liability insurance
  • Reviewing insurance policies to understand coverage and exclusions
  • Pursuing any insurance claims or grant applications independently (though we may provide documentation upon request)

8. SCHEDULING, PRICING, AND PAYMENT

8.1 Quotes and Estimates

  • Quotes are valid for 30 days unless otherwise stated
  • Quotes are based on information provided and site conditions as understood at the time
  • Final costs may vary if conditions differ from initial assessment or if scope changes are requested
  • Additional charges may apply for unforeseen conditions, additional work, or client-requested changes

8.2 Payment Terms

  • Payment terms will be specified in your service agreement or invoice
  • Standard terms are net 30 days unless otherwise agreed
  • Late payments may incur interest charges at a rate of 2% per month (or the maximum permitted by law, whichever is less)
  • We accept payment by cash, cheque, e-transfer, or credit card (processing fees may apply)

8.3 Deposits and Cancellations

  • A deposit may be required to secure scheduling, typically 25-50% of the estimated total
  • Deposits are non-refundable if you cancel within 7 days of the scheduled start date
  • If EmberSmart must cancel or reschedule due to weather, equipment issues, or other factors beyond our control, deposits will be refunded or applied to rescheduled work

8.4 Unpaid Accounts

We reserve the right to:

  • Suspend or terminate services for non-payment
  • Pursue collection through third-party agencies or legal action
  • Report unpaid accounts to credit bureaus
  • Charge reasonable collection costs, legal fees, and expenses

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Ownership of Content

All Content on our Website and in our materials, including but not limited to text, graphics, logos, images, photographs, videos, software, designs, reports, templates, and assessment tools, is the exclusive property of EmberSmart or its licensors and is protected by:

  • Canadian copyright law (Copyright Act, R.S.C., 1985, c. C-42)
  • Trademark law
  • Other applicable intellectual property laws

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and view Website Content for personal, non-commercial purposes
  • Download and print materials for your own use related to services you have purchased

You may NOT:

  • Reproduce, distribute, modify, adapt, translate, or create derivative works from our Content
  • Use Content for commercial purposes without written permission
  • Remove copyright, trademark, or proprietary notices
  • Reverse engineer, decompile, or disassemble any software or tools
  • Frame, mirror, or scrape Content from our Website

9.3 Trademarks

“EmberSmart” and associated logos, taglines, and branding are trademarks or registered trademarks of EmberSmart. Unauthorized use is prohibited.

9.4 Client Materials

You retain ownership of any materials you provide to us (Client Materials). By providing Client Materials, you grant EmberSmart a non-exclusive, royalty-free license to use them solely for the purpose of providing Services to you.

9.5 Reports and Assessments

Reports, assessments, and recommendations prepared by EmberSmart for you are licensed for your use only. You may not redistribute, publish, or share them publicly without our written consent, except:

  • With your insurance company, financial institution, or legal counsel as needed
  • With government agencies as required for permitting or compliance
  • With prospective property buyers (if selling the property)

10. PHOTOGRAPHY AND DOCUMENTATION

10.1 Service Documentation

As part of our Services, we routinely photograph and document properties before, during, and after work for:

  • Quality control and project records
  • Client reports and recommendations
  • Training and process improvement
  • Legal protection and dispute resolution

10.2 Marketing and Educational Use

With your consent (as outlined in our Privacy Policy and service agreements), we may use photographs and project information for:

  • Website galleries and case studies
  • Marketing materials and social media
  • Educational presentations and workshops
  • Awards submissions and industry publications

10.3 Opt-Out Rights

You may:

  • Decline marketing use of your property images (service documentation will still occur)
  • Request removal of images from public marketing materials at any time
  • Specify restrictions (e.g., anonymize location, blur identifying features)

Requests should be made in writing to our Privacy Officer.

11. WEBSITE USE AND RESTRICTIONS

11.1 Acceptable Use

You agree to use our Website only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Website to transmit harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable content
  • Attempt to gain unauthorized access to the Website, servers, networks, or systems
  • Interfere with or disrupt the Website or servers
  • Use automated tools (bots, scrapers, crawlers) without permission
  • Collect or harvest personal information about other users
  • Impersonate any person or entity or misrepresent your affiliation
  • Upload viruses, malware, or malicious code
  • Engage in any activity that could damage, disable, or impair the Website

11.2 Account Security (if applicable)

If you create an account or login credentials:

  • You are responsible for maintaining the confidentiality of your password
  • You are responsible for all activities under your account
  • You must notify us immediately of any unauthorized use
  • We are not liable for losses due to unauthorized use of your account

11.3 Termination of Access

We reserve the right to:

  • Suspend or terminate your access to the Website at any time, with or without notice, for violation of these Terms or any reason
  • Modify or discontinue any feature or functionality of the Website
  • Refuse service to anyone for any lawful reason

12. THIRD-PARTY LINKS AND RESOURCES

12.1 External Links

Our Website may contain links to third-party websites, resources, or services, including:

  • FireSmart Canada and provincial FireSmart programs
  • Government wildfire information and resources
  • Equipment suppliers or partners
  • Educational and research organizations

12.2 No Endorsement

The inclusion of links does NOT imply:

  • Endorsement, approval, or recommendation of third-party sites or their content
  • Affiliation, partnership, or sponsorship relationships
  • Accuracy, reliability, or suitability of third-party information

12.3 Third-Party Responsibility

  • We are not responsible for the content, privacy practices, terms, or services of third-party websites
  • Your use of third-party sites is at your own risk and subject to their terms and policies
  • We disclaim all liability for any loss or damage arising from your use of linked sites

We encourage you to review the terms and privacy policies of any third-party websites you visit.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY BRITISH COLUMBIA AND CANADIAN LAW:

13.1 Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties regarding accuracy, reliability, completeness, or timeliness of Content
  • Warranties that the Website will be uninterrupted, secure, or error-free
  • Warranties that defects will be corrected

13.2 Limitation of Liability

EMBERASMART, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, consequential, special, punitive, or exemplary damages
  • Loss of profits, revenue, data, goodwill, or business opportunities
  • Property damage or destruction caused by wildfire, regardless of mitigation efforts
  • Personal injury or death (except in cases of gross negligence or willful misconduct)
  • Damages arising from use or inability to use the Website or Services
  • Reliance on Content or third-party information
  • Unauthorized access to or alteration of your data
  • Actions or omissions of third-party contractors or service providers

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

13.3 Exceptions

This limitation of liability does not apply to:

  • Liability that cannot be excluded or limited by law
  • Gross negligence or willful misconduct by EmberSmart
  • Fraud or fraudulent misrepresentation
  • Death or personal injury caused by our negligence (where prohibited from limiting such liability)

13.4 Acknowledgment

You acknowledge that:

  • The limitations in this section are reasonable and fundamental to the agreement between you and EmberSmart
  • EmberSmart would not provide the Services or Website without these limitations
  • You have been advised to obtain independent insurance coverage

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless EmberSmart, its owners, officers, employees, contractors, agents, and affiliates from and against any and all claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable legal fees and court costs) arising from or related to:

  • Your use or misuse of the Website or Services
  • Your violation of these Terms
  • Your violation of any law, regulation, or third-party rights
  • Any false, inaccurate, or misleading information you provide
  • Your failure to maintain mitigation features or follow recommendations
  • Actions or omissions on your property that cause harm to others
  • Claims by neighbors, contractors, or other third parties related to your property or the Services
  • Your failure to obtain necessary permits, approvals, or consents

This indemnification obligation survives termination of these Terms and your use of the Services.

15. DISPUTE RESOLUTION

15.1 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any legal action or proceeding arising from these Terms or the Services shall be brought exclusively in the courts of British Columbia, and you consent to the personal jurisdiction of such courts.

15.2 Negotiation and Mediation

In the event of any dispute, controversy, or claim arising from or relating to these Terms or the Services:

  1. Negotiation: The parties agree to first attempt to resolve the dispute through good faith direct negotiation within 30 days of written notice of the dispute.
  2. Mediation: If negotiation fails, the parties agree to submit the dispute to mediation before a mutually agreed-upon mediator or through a recognized mediation service in British Columbia. Mediation costs shall be shared equally unless otherwise agreed.
  3. Litigation: Only after negotiation and mediation have been attempted in good faith may either party pursue litigation.

15.3 Limitation Period

You agree that any claim or cause of action arising from these Terms or the Services must be filed within one (1) year after the claim or cause of action arose, or be forever barred, except where prohibited by law.

15.4 No Class Actions

You agree to resolve disputes with EmberSmart on an individual basis only. You waive any right to participate in class action lawsuits, class arbitrations, or representative actions against EmberSmart.

16. SEVERABILITY AND WAIVER

16.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be modified, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

16.2 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of EmberSmart.

17. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any applicable service agreements, waivers, or contracts, constitute the entire agreement between you and EmberSmart regarding use of the Website and Services, and supersede all prior or contemporaneous understandings, agreements, representations, or warranties, whether written or oral.

18. ASSIGNMENT

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

19. SURVIVAL

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

20. FORCE MAJEURE

EmberSmart shall not be liable for any failure or delay in performance of Services due to causes beyond our reasonable control, including but not limited to:

  • Acts of God (earthquakes, floods, wildfires, storms)
  • Government actions, orders, or restrictions
  • Pandemics or health emergencies
  • Labor disputes or strikes
  • Equipment failures or supply shortages
  • Terrorism, war, or civil unrest

In such events, performance shall be excused for the duration of the force majeure event, and we will make reasonable efforts to resume Services as soon as practicable.

21. FEEDBACK AND SUGGESTIONS

If you provide feedback, suggestions, ideas, or recommendations regarding the Website or Services (“Feedback”), you grant EmberSmart a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback without compensation or attribution.

22. NOTICE REQUIREMENTS

22.1 Notices to You

We may provide notices to you:

  • By email to the address you provided
  • By posting on the Website
  • By mail to the address in our records
  • Through in-app notifications (if applicable)

Notices by email are deemed received when sent. Notices by mail are deemed received three (3) business days after mailing.

22.2 Notices to Us

All notices to EmberSmart must be in writing and sent to:

EmberSmart
 Attention: Legal Department
 [Mailing Address]
 Email: [Legal/Contact Email]

Notices are deemed received when actually received by EmberSmart.

23. LANGUAGE

These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any conflict or inconsistency.

24. CONTACT INFORMATION

For questions, concerns, or inquiries regarding these Terms of Service, please contact:

EmberSmart
 Owner/Operator: Alex Clynes
 Email: info@embersmart.ca
 Phone: (236) 655-0262
 Website: embersmart.ca

Business Hours: Mon-Fri (9:00am-5:00pm)

25. ACKNOWLEDGMENT AND CONSENT

BY USING OUR WEBSITE OR ENGAGING OUR SERVICES, YOU ACKNOWLEDGE THAT:

  • You have read and understood these Terms of Service in their entirety
  • You have had the opportunity to seek independent legal advice
  • You agree to be bound by these Terms
  • You understand that wildfire mitigation does not guarantee protection from wildfire
  • You accept the risks, limitations, and disclaimers outlined herein
  • You consent to the use of your personal information as described in our Privacy Policy

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR WEBSITE OR SERVICES.

Last Updated: 01.28.26

EmberSmart reserves the right to update these Terms at any time. Please check this page periodically for changes.