This website, located at www.smokeblaster.com or any of our affiliated sites including mobile and/or Internet applications or "apps" (collectively, the "Site"), is provided by Westlake Serial Company (WSC), LLC. ("we," "our," or "us") to the person accessing this Site ("you," "your").
You Agree to These Terms by Using This Site
Permitted Use of the Site; Termination
The information and materials on this Site are provided for general informational purposes. You may use this Site solely for the purpose of learning about us and our products and/or purchasing our products. You may not use, reproduce, or distribute the text, graphics, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated membership deletions),
(d) discontinuance or material modification to the Site (or any part thereof),
(e) technical or security issues or problems,
(g) engagement by you in fraudulent or illegal activities,
(h) nonpayment of any fees owed by you in connection with the Site, and/or
(i) no cause at all.
Termination of your Smoke Blaster membership includes:
(a) removal of access to all offerings and features on the Site,
(b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and
(c) barring of further use of your membership.
Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership. You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: firstname.lastname@example.org.
The Site may, from time to time, offer interactive features that allow users to submit content to the Site. We do not and cannot review all such content, and we are not responsible for such content. We will not knowingly accept content from anyone under the age of 18 years.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that:
(a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the owner of the content the right to use and authorize us to use the content;
(b) you hereby waive any moral rights you may have in such user-generated content, and in any jurisdictions where such waiver is not possible, you covenant not to bring any claims against us, our assignees or licensees claiming that your moral rights have been violated by use of such content;
(c) all such content is true and accurate;
(d) you are at least 18 years old; and
(e) you are the person appearing in any photograph uploaded to our site, or you have written permission from any person appear in any photograph to upload that person’s image to our Site.
In any event, we reserve the right to block or remove communications or materials posted to our Site for any reason, including content that we determine to be unacceptable to us, in our sole discretion.
By submitting any user-generated content, you hereby grant to us:
(1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and
(2) the rights to use your name and/or likeness.
All content that you submit may be used at our sole discretion without any obligation of confidentiality.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including one of our employees, hosts, or representatives, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.
Interaction with other Users
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE RELEASEE.
Notice; Electronic Communications
When you visit this Site, send emails to us, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your Smoke Blaster Membership Page and adjusting your settings accordingly. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
Practices; Typographical Errors; Colors
We strive to provide complete, accurate, up-to-date information on the Site. Unfortunately, despite those efforts, human or technological errors may occur. The Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information and prices at any time without prior notice.
You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Site.
You acknowledge that we may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that we reserve the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
Disclaimer - Warranty
THIS SITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We do not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF OUR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which may have separate privacy and data collection practices, independent of us. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, we specifically disclaim any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
We do not endorse the content, or any products or services available, on such sites. Nonetheless, we seek to protect the integrity of our Site website and the links placed upon it, and we therefore request any feedback regarding the Site as well as any links contained on our Site (including if a specific link does not work). Any feedback you provide shall be non- confidential and non-proprietary.
Unless otherwise noted, the design of the Site, the Site as a whole, and all trademarks, logos, text, images, audio and/or visual materials, and all other materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by us or our affiliates. The Contents, including but not limited to our Smoke Blaster trademark and our logos, may not be used by you for any commercial purpose without our written consent.
All software used on this Site is the property of us or our software suppliers and is protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
If you believe that your copyright or other rights have been infringed by anything contained in the Site, please provide the following information to our Designated Agent who can be reached by email at email@example.com:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
(b) a description of the copyrighted work or other work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Smoke Blaster’s website;
(d) your address, telephone number, and email address;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
We do not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.
Rewards, credits, and other forms of virtual currency provided to you by us or our affiliates for use on smokeblaster.com (collectively “Rewards”) are not transferable and may not be combined with Rewards belonging to others. At no time may you purchase, sell, or barter any Rewards. Rewards have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Rewards do not constitute property and you do not have a vested property right or interest in the Rewards. Rewards will expire 24 months after the date of issuance, unless otherwise stated by us. We reserve the right at any time in our discretion, and without prior notice, to discontinue the Rewards program or to add or change Rewards program rules, terms or conditions, including changing expiration periods or Rewards values for existing or future Rewards.
Notice for California Users
Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at firstname.lastname@example.org.
Resolution of Claims or Disputes.
We hope to make you a happy customer, and most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 818.292.2313 or by e-mailing us at email@example.com. If, however, there is an issue that needs to be resolved, this Agreement describes how both of us will proceed. Any claim or dispute between you and us (or any of our affiliates) arising out of or relating in any way to the products we sell or this Agreement shall be resolved through final, binding arbitration. This obligation applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Included are all claims arising out of or relating to any aspect of our relationship; claims that may arise after the termination of this Agreement; and claims related to direct marketing efforts, including but not limited to, complaints concerning unsolicited text messages, emails, and telemarketing calls.
We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to us shall be sent to the following address:
Westlake Serial Company (WSC), LLC
Westlake Village, CA 91362,
Upon receipt of such Notice, the other party shall have a thirty-day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty-day cure period, you or we may commence an arbitration proceeding. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California or in the location in which you received this Agreement or in your home state. For any non-frivolous claim that does not exceed $25,000, we will pay all costs of the arbitration and will agree to conduct the arbitration through the AAA offices in your home state. For any claim under $10,000, we further agree that any hearings may be held by telephone and that we will not seek attorney’s fees in the event we prevail. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses in any arbitration proceeding.
Date Last Modified: August 21, 2015