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Terms of Service
These terms of service apply to
SmokeEaters.org and affiliated companies including, but not
limited to BPA Air Quality Solutions and their websites, employees,
representatives, owners and individuals presented as industry
experts (hereafter referred to as "SmokeEaters.org").
The information presented in this online
website is intended to provide general understanding and knowledge
of air treatment equipment designed for removal of smoke. The
information is compiled from a variety of sources ("information
providers") but should not be considered complete and should not be
used in place of a visit, call, consultation, or advice of a
physician; official
government recognized regulatory agencies such as U.S. Environmental Protection Agency
(www.EPA.gov), U.S. Department of Labor Occupational
Safety & Health Administration (www.OSHA.gov),
National Institute for Occupational
Safety and Health (www.NIOSH.com.my),
or original manufacturers of products and equipment.
SmokeEaters.org does not recommend the self-management of
environmental health and safety problems, nor does it promote or
recommend any particular form of air treatment, installation, or use
of technology. People using information accessed through the
SmokeEaters.org website should also research original sources of
authority. Information obtained by using the SmokeEaters.org is
not exhaustive and does not cover health treatments, injury
prevention or prevention of medical conditions. SmokeEaters.org
makes no warranty as to the reliability, accuracy, timeliness,
usefulness, or completeness of the information. SmokeEaters.org,
other sponsors or "information providers" of the
SmokeEaters.org
cannot and do not warrant against human and machine errors,
omissions, delays, interruptions, or losses, including loss of data.
Should you have any environmental safety-related questions, please
contact your local OSHA or EPA agency promptly. You should never
disregard OSHA or EPA advice or delay in seeking it because of
something you have read on this website.
Information accessed through this online site is provided "AS IS"
and without warranty, express or implied. All implied warranties of
merchantability and fitness for a particular use or purpose are
hereby excluded. SmokeEaters.org, and other, "information
providers" cannot and do not guarantee or warrant that files
available for downloading from this online site will be free of
infection, or viruses, worms, Trojan horses, or other code that
manifest contaminating or destructive properties. Neither
SmokeEaters.org, or other "information providers" shall be
responsible for information provided herein under any theory of
liability or indemnity. Liability of SmokeEaters.org, or other
"information providers", if any, for damages ( including without
limitation, liability arising out of contract, negligence, strict
liability, tort or patent of copyright infringement ) shall not
exceed the fees paid by the user for the particular information or
service provided. In no event shall the SmokeEaters.org, or
other "information providers" be liable for any damages other than
the amount referred to above, and all other damages, direct or
indirect, special, incidental, consequential, or punitive, are
hereby excluded even if the SmokeEaters.org, BPA Air Quality
Solutions or other "information providers" have been advised of the
possibility of such damages.
The SmokeEaters.org service is an online information and
communications service provided by SmokeEaters.org or its
sponsors subject to your compliance with the terms and conditions
set forth below, including all exhibits hereto and the other
information which is available in the registration process and on
the online service and incorporated by reference in this Agreement.
This Agreement consists of the terms and conditions set forth below,
including all exhibits hereto and the information.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
ACCESSING OR USING THE ONLINE SERVICE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SERVICE. SMOKEEATERS.ORG MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER
POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Equipment. You must provide, at your own cost, all telephone and
other equipment and services (including where necessary, telephone
service and Internet access service) necessary to access the
Service.
2. Operating Policies. You agree to comply with the Operating
Policies set forth which are the rules that govern user activity in
connection with the Service as they may be amended by
SmokeEaters.org from time to time. SmokeEaters.org may
remove any communications and materials that SmokeEaters.org
believes in its sole discretion to violate the Operating Policies,
however SmokeEaters.org does not guarantee that it will remove
any or all of such material. Violations of the Operating Policies or
other provisions of this Agreement may also result in termination or
suspension of the Service.
3. Copyright and Licenses. The entire contents of the Service are
copyrighted as a collective work under the United States and other
copyright laws. SmokeEaters.org holds the copyright in the
collective work. The collective work includes work which are the
property of SmokeEaters.org's Licensors which are also protected
by copyright and other intellectual property laws. You may display
and download portions of the material from the different areas of
the Service solely for your own non-commercial use. Any
redistribution, retransmission, or publication of any material is
strictly prohibited without the express written consent of the
copyright owner. You agree not to change or delete any proprietary
notices from materials downloaded from the Service.
4. Idea Submissions. You agree to grant to SmokeEaters.org
a non-exclusive, worldwide, royalty-free, perpetual license, with
the right to sublicense, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, with out limitation,
ideas contained therein for new or improved products or services)
you submit to public areas of the Service (such as BLOG) by all
means and in any media now known or hereafter developed. You agree
that you shall have no recourse against SmokeEaters.org for any
alleged or actual infringement or misappropriation of any
proprietary right in your communication to us.
5. Use of Online Service.
SMOKEEATERS.ORG DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND
MATERIALS POSTED OR UPLOADED TO THE SERVICE; AND IS NOT RESPONSIBLE
FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER,
SMOKEEATERS.ORG RESERVES THE RIGHT TO BLOCK OR REMOVE
COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE,
DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING,
(C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL
PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE
TO SMOKEEATERS.ORG AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE,
OPINIONS, OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA
SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
6. Indemnification. You agree to indemnify, defend and hold harmless
BPA Air Quality Solutions, SmokeEaters.org, its officers,
directors, employees, agents, licensors, suppliers, and "service
providers" from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation
of this Agreement or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing
the online service using your Service account.
7. Third Party Rights. The provisions of paragraphs 5 (Use of Online
Service) and 6 (Indemnification) are for the benefit of
SmokeEaters.org and its officers, directors, employees, agents,
licensors, suppliers, and "service providers". Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
8. Term Termination. This Agreement shall commence upon your
accessing the online service and/or completing the registration
process. This Agreement may be terminated by SmokeEaters.org
without notice at any time for any reason and may be terminated by
you upon notice to SmokeEaters.org at any time for any reason.
The provisions of paragraphs 3 (Copyright and License), 4 (Idea
Submission), 5 (Use of Online Service), 6 (Indemnification), 7
(Third Party Rights) and 9 (Miscellaneous) shall survive any
termination of this Agreement.
9. Miscellaneous. This Agreement shall be governed by and construed
in accordance with the laws of the State of South Carolina. You
agree that any legal action or proceeding between
SmokeEaters.org and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought
exclusively in a court of competent jurisdiction sitting in South
Carolina. Any cause of action or claim you may have with respect to
the online service must be commenced within one (1) year after the
claim or cause of action arises. SmokeEaters.org's failure to
insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement.
SmokeEaters.org may assign its rights and duties under this
Agreement to any party at any time without notice to you.
10. BPA Industry Experts and Comparisons is a service mark of
SmokeEaters.org and BPA Air Quality Solutions. Other trademarks
and service marks appearing on the Service may be owned by other
parties including third parties not affiliated with
SmokeEaters.org or BPA Air Quality Solutions.
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