LAST UPDATED: June 23, 2022
Please read this Terms of Use agreement and our Privacy Policy (collectively, the “Agreement” or the “Terms”) carefully as it applies to your use of online services and digital products of Insurance Wins (“Ash, Smoke, and Soot Specialists” or “we” or “us”), including but not limited to the Ash, Smoke, and Soot Specialists website located at https:// www.ashsmokesoot.com and all subdomains thereof and mobile applications offered by Ash, Smoke, and Soot Specialists (the “Site”) and all features, content and products and services thereof, including but not limited to RSS, API, software and other downloads (collectively, the “Services”). Your use of the Site and Services is governed by this Agreement regardless of how you access the Site or Services, including but not limited to, through the Internet, Wireless Access Protocol (commonly referred to as “WAP”), a mobile network or otherwise. Ash, Smoke, and Soot Specialists and its affiliates, licensors, independent contractors and service providers and their respective directors, officers, employees, representatives, successors, and assigns, are referred to in this Agreement collectively, with Ash, Smoke, and Soot Specialists, as the “Ash, Smoke, and Soot Entities”.
YOUR ACCESS TO AND USE OF THE SITE AND SERVICES CONSTITUTES YOUR AGREEMENT TO THESE TERMS, WHICH CONSTITUATE A BINDING LEGAL CONTRACT. THIS AGREEMENT CONTAINS LIMITATIONS OF OUR LIABILITY TO YOU AND WAIVERS OF CERTAIN RIGHTS YOU MIGHT OTHERWISE HAVE, INCLUDING THE RIGHT TO PURSUE CLAIMS AGAINST US IN COURT. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, YOU MUST DISCONTINUE USE OF THE SITE AND THE SERVICES. READ THE FOLLOWING TERMS AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE INDICATING YOUR ACCEPTANCE.
1. Changes to the Agreement.
Ash, Soot, and Smoke Specialists reserves the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site or in connection with the Services. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your access to or use of the Site or Services following changes to this Agreement will constitute your acceptance of those changes. Any changes to this Agreement shall not apply to any dispute between you and Ash, Smoke, and Soot Specialists arising prior to the date on which Ash, Smoke, and Soot Specialists posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes.
2. Changes to the Site or Services.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site or Services, with or without notice; charge fees in connection with the use of the Site or Services; modify or waive any fees charged in connection with the Site or Services; or offer opportunities to some or all users of the Site or Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or
discontinuance of the Site or of any Service, content, feature or product, in whole or in part. Your continued access to or use of the Site or Services after such changes will indicate your acceptance of such changes.
3. Application & Scope of this Agreement; Additional Terms.
This Agreement applies to all persons who access the Site and/or Service and all persons who use the Site and/or Service, regardless of whether such use is of free or paid portions of the Site and/or Service, including users who register on the Service, in each case with respect to all uses of, and activities relative to, the Site and/or Services.
Your accessing or using any portion of the Site and/or Service constitutes your consent to this Agreement. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of this Agreement. You hereby irrevocably waive any rights that you may have under any applicable law to use or receive physical copies of this Agreement.
4. User Qualifications
The Site and Services are designed for adults 18 years of age or older. Users under the age of 18 are not permitted to use the Site or Services. BY ACCESSING OR USING THE SITE OR SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. By accessing, or using the Site and/or Services on behalf of any third party (e.g. your employer) you are representing to us that you are an authorized representative of that third party and that your access, use and/or registration of or on the Site and Services on their behalf constitutes their acceptance of this Agreement.
5. User Obligations & Responsibilities
You acknowledge and agree that you (and not Ash, Smoke, and Soot Specialists) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Site or Services, and paying all charges related thereto. Your ability to access the Site and/or any Services and the quality of your user experience may depend on whether you are using appropriate hardware and/or software to access and use the Site and/or Services.
6. Rules of Conduct.
You must comply with all applicable laws, rules and regulations while accessing or using the Site and/or Services. In addition, we expect users to respect the rights and dignity of others. Your use of the Site and/or Services is conditioned upon your compliance with the rules set forth in this section.
You must not:
Interfere with or disrupt the operation of the Site or Services or the servers or networks used to make the Site or Services available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or in connection with the
Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
Restrict or inhibit any other person from using the Site or Services (including by hacking or defacing the Site).
License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site or Services or any access to or use of the Site or Services.
Modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Site or Services.
Remove any copyright, trademark or other proprietary rights notice from the Site or Services or any materials available through the Site or Services.
Frame or mirror any part of the Site or Services without Ash, Smoke, and Soot Specialists’s express prior written consent.
Systematically download or store content from the Site or Services. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Site or in connection with the Services or reproduce or circumvent the navigational structure or presentation of the Site or Services without Ash, Smoke, and Soot Specialists’s express prior written consent. Notwithstanding the foregoing, Ash, Smoke, and Soot Specialists grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ash, Smoke, and Soot Specialists reserves the right to revoke these exceptions either generally or in specific cases. We may block or terminate your use of the Site or Services for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct set forth above (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site or Services).
7. Privacy; How We Use Personal Information Submitted Through the Site and/or Services.
Your submission of personal information through the Site or in connection with the Services is governed by Ash, Smoke, and Soot Specialists’s Privacy Policy, which is located at www.ashsmokesoot.com/privacy–policy (the “Privacy Policy”). You agree that all information that you provide to us is true, accurate and complete, and that you will maintain and update such information regularly.
8. Ash, Smoke, and Soot Specialists’ Proprietary Rights; Your Limited Right to Use Ash, Smoke, and Soot Specialist’s Content
We and/or our licensors, sponsors, partners, advertisers, content providers or other third parties own the information and materials made available through the Site and/or Services, including, without limitation, (i) the Ash, Smoke, and Soot Specialists’s and third party trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Ash, Soot, and Smoke Specialists Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork that appears on the Site and/or Services (including all content of Programs), and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Site and/or Services (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Ash, Soot, and Smoke Content”). Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or Services or any Ash, Smoke, and Soot Specialists Content or other information or materials made available through the Site or Services. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Ash, Smoke, and Soot Specialists Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the Ash, Smoke, and Soot Specialists or the owner of such content if the Ash, Smoke, and Soot Specialists is not the owner. Any use of the Ash, Smoke, and Soot Specialists Marks without the Ash, Smoke, and Soot Specialists’s express written consent or as expressly permitted by this Agreement is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Ash, Smoke, and Soot Specialists Content, including any such notices appearing on any Ash, Smoke, and Soot Specialists Content you are permitted to download, transmit, display, print, or reproduce from the Site and/or Services. Nothing contained on the Site or Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Ash, Smoke, and Soot Specialists Content without the express prior written consent of the owner.
Subject your compliance with all terms of this Agreement, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to use Ash, Smoke, and Soot Specialists Content made available to you by the proper and intended functionality of the Site and Services and to print a single hard copy or download a single electronic copy for your personal use only of any materials made available on the Site and Service for printing or download, as applicable.
9. Third Party Content; Links.
The Site or Services may incorporate certain functionality that allows the routing and transmission of, and online access to, certain digital communications and content made available by third parties (such communications and content, “Third Party Content”). By using such functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. The Site or Services may provide links to other web sites and online resources that include Third Party Content. Third Party Content is the sole responsibility of the third party who provides the Content via the Site and Services. You agree that the Ash, Smoke, and Soot Specialists Entities are neither responsible nor liable to you for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, although we may monitor, specify policies and requirements for, or block or disable access to, any Third Party Content (in whole or part) via the Site or Services at any time. Your access to or receipt of Third Party Content via the Site or Services does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by the providers of such Third Party Content). This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by any of the Ash, Smoke, and Soot Specialists Entities with respect to any Third Party Content. YOU AGREE THAT YOUR USE OF THIRD PARTY CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY CONTENT.
Ash, Soot, and Smoke Specialists shall have the right, at any time, to block links to the Site or Services through technological or other means without prior notice.
10. Accuracy of Information; Products, Content and Specifications.
Without limiting the generality of any other provisions of this Agreement, the content provided through the Site and/or or in connection with the Services (including Ash, Smoke, and Soot Specialists Content and Third Party Content) is designed to only provide information on the subject matter covered. However, such content provided on or in connection with the Site or Services may be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currentness of such content, including all descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site or Services. Such content is also subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.
11. Advertisers.
The Site and/or Services may contain advertisements of third parties. The inclusion of advertisements on the Site and/or Services does not imply endorsement of the advertised products, information or services by the Ash, Smoke, and Soot Specialists or any Ash, Smoke, and Soot Specialists Entities. Ash, Smoke, and Soot Specialists shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Site and/or Services. Further, Ash, Smoke, and Soot Specialists shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Site and/or Services. If you decide to access any of the third party sites linked to the Site and/or Services (including via any links in any banner advertisements displayed on the Site and/or Services), you do so entirely at your own risk. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
12. Terms Applicable to You if You Request a Quote.
In order to allow us to obtain insurance quotes, you will need to provide us information about you via the Site by filling out a registration, application or information form.
When you complete any registration, application or other informational form, you represent and warrant that all information submitted to Ash, Smoke, and Soot Specialists in connection with any such registration is complete and accurate.
By filling out a registration, application or information form, you are deemed to have “opted-in” to all data tracking, collection, use, and sharing permitted under our Privacy Policy for the information you provide to us. Without limitation, you agree to receive emails from us periodically relating to your account, site services, offers, and promotions, including third-party offers.
It may take time to review your information before we provide you a quote or other response. Turnaround times posted within the Site and/or Service are only estimates and actual response and processing time may be shorter or substantially longer depending on, among other things, volume, the complexity of your submission or other factors. We reserve the right to change processing times at any time for any reason. We do not guarantee that you will receive any particular number of quotes and you may not receive any quotes at all. If you do receive quotes, we cannot and do not guarantee that any insurance company or agent who provides you a quote will honor that quote by actually selling you an insurance policy. Ash, Smoke, and Soot Specialists has not control over and no responsibility or liability for the action or inaction of any insurance companies or agents with whom we arrange for quotes or otherwise do business.
13. DISCLAIMER OF WARRANTIES.
THE SITE, SERVICES AND ANY QUOTES OR OTHER GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY QUOTES OR OTHER INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES. THE ASH, SMOKE, AND SOOT SPECIALISTS ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, SERVICES AND ANY QUOTES OR OTHER GOODS OBTAINED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.
WHILE WE TRY TO MAINTAIN THE INTEGRITY AND SECURITY OF THE SITE AND SERVICES AND THE SERVERS FROM WHICH THE SITE AND SERVICES ARE OPERATED, WE DO NOT GUARANTEE THAT THE SITE OR SERVICES WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, OR THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED. THE SITE OR SERVICES MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, THIRD PARTIES MAY MAKE UNAUTHORIZED ALTERATIONS TO THE SITE OR SERVICES.
14. LIMITATION OF LIABILITY.
THE ASH, SOOT, AND SMOKE SPECIALISTS ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, DAMAGES FOR LOSS OF PROFITS, USE, OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, AND EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE ASH, SMOKE, AND SOOT SPECIALISTS ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, OR FROM ANY CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICES BY ASH, SMOKE, AND SOOT SPECIALISTS OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THE SITE OR SERVICES. THE MAXIMUM LIABILITY OF ASH, SMOKE, AND SOOT SPECIALISTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $1,000.
YOU ACKNOWLEDGE AND AGREE THAT ASH, SOOT, AND SMOKE SPECIALISTS HAS OFFERED THE SITE AND SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ASH, SMOKE, AND SOOT, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ASH, SMOKE, AND SOOT SPECIALISTS. ASH, SMOKE, AND SOOT SPECIALISTS WOULD NOT BE ABLE TO PROVIDE THE SITE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ASH, SMOKE, AND SOOT SPECIALISTS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Indemnity.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless each of the Ash, Smoke, and Soot Specialists Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or Services; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Submissions or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing. The Ash, Smoke, and Soot Specialists will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Ash, Smoke, and Soot Specialists Entities other than under this Section.
16. Term and Termination.
This Agreement is effective until terminated. Ash, Smoke, and Soot Specialists may terminate your access to or use of the Site or Services, at any time and for any reason, including if Ash, Smoke, and Soot Specialists believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access or use the Site or Services will immediately cease. You agree that any termination of your access to or use of the Site or Services may be effected without prior notice. All other provisions of this Agreement and the Privacy Policy that by their terms or content are intended to apply following termination, shall survive any expiration or termination of this Agreement.
17. Governing Law and Arbitration.
This Agreement is governed by the laws of the State of Ohio, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ASH, SMOKE, AND SOOT SPECIALISTS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THIS SITE OR SERVICES, YOU AGREE THAT YOU AND ASH, SMOKE, AND SOOT SPECIALISTS ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in Cuyahoga County, State of.
Ohio, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
In no event will the terms of this section or any other provision of this Agreement (including the Privacy Policy) limit Ash, Smoke, and Soot Specialists’s ability to investigate complaints or reported violations by you or any third party of this Agreement or applicable law or to take any action Ash, Smoke, and Soot Specialists deems necessary and appropriate to mitigate actions against Ash, Smoke, and Soot Specialists, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
18. Statute of Limitations.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site and/or Services must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
19. Jurisdictional Issues.
The Site and the Services are controlled and operated by Ash, Smoke, and Soot Specialists from the United States, and are not intended to subject Ash, Smoke, and Soot Specialists to the laws or jurisdiction of any state, country or territory other than that of the United States. Ash, Smoke, and Soot Specialists neither represents nor warrants that the Site or the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site or Services from any jurisdiction outside the United States, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Site or the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services described on the Site or the Services are available in all states, territories or jurisdictions.
20. Copyright Infringement Claims.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site or in connection with the Services infringe your copyright, you (or your agent) may send Ash, Smoke, and Soot Specialists a written notice by mail, email or fax, requesting that Ash, Smoke, and Soot Specialists remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Ash, Smoke, and Soot Specialists a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to Ash, Smoke, and Soot Specialists’s DMCA Agent: by email to info@ashsmokesoot.com.
We suggest that you consult your legal advisor before submitting a notice or counter-notice.
21. Filtering.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and On Guard Online(http://onguardonline.gov/). Please note that Ash, Smoke, and Soot Specialists does not endorse any of the products or services listed at such sites.
22. Notice for California Residents.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site or Services, please contact us by sending an email to info@ashsmokesoot.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
23 Miscellaneous.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Ash, Smoke, and Soot Specialists. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Ash, Smoke, and Soot Specialists relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Ash, Smoke, and Soot Specialists relating to such subject matter. Notices to you may be made via posting to the Site or,by e-mail, in Ash, Smoke, and Soot Specialists’s discretion. The Site or Services may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Ash, Smoke, and Soot Specialists will not be responsible for failures to fulfill any obligations due to causes beyond its control.
24 Contact Us.
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to info@ashsmokesoot.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
You must not:
Interfere with or disrupt the operation of the Site or Services or the servers or networks used to make the Site or Services available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or in connection with the
Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
Restrict or inhibit any other person from using the Site or Services (including by hacking or defacing the Site).
License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site or Services or any access to or use of the Site or Services.
Modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Site or Services.
Remove any copyright, trademark or other proprietary rights notice from the Site or Services or any materials available through the Site or Services.
Frame or mirror any part of the Site or Services without Ash, Smoke, and Soot Specialists’s express prior written consent.
Systematically download or store content from the Site or Services.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Site or in connection with the Services or reproduce or circumvent the navigational structure or presentation of the Site or Services without Ash, Smoke, and Soot Specialists’s express prior written consent. Notwithstanding the foregoing, Ash, Smoke, and Soot Specialists grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ash, Smoke, and Soot Specialists reserves the right to revoke these exceptions either generally or in specific cases. We may block or terminate your use of the Site or Services for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct set forth above (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site or Services).