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Terms and Conditions
Last Updated: December 30th, 2019
Agreement to Terms
The Terms of Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Beamer Smoke ("we", "us" or "our"), concerning your access to and use of BeamerSmoke.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site.
Persons accessing the Site must understand and comply with their own Local, State, and Country laws, if and to the extent laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property. This includes, but is not limited to, source code, databases, functionality, software, website designs, audio, video, text, images, and graphics (the "Content". The trademarks, service marks, and logos (the "Marks") contained therein are owned, controlled, or licensed to us and are protected by copyright and trademark laws.
The Content and Marks are provided "AS IS" for your information and personal use only. No part of the Site, Content, or Marks may be copied, reproduced, republished, uploaded, posted, or otherwise exploited for any commercial purpose without our express prior written permission.
User Representations
By using the Site, you represent and warrant that:
(1) all registration information submitted is accurate, current, and complete;
(2) you are not a minor in the jurisdiction in which you reside, and are not under the age of 18;
(3) you have the legal capacity and you agree to comply with the Site's Terms and Conditions;
(4) you will not access the Site for through automated or non-human means, whether through a bot, script, or otherwise;
(5) you will not use the Site for any illegal or unauthorized purpose;
(6) your use of the Site will not violate any applicable law or regulation.
If any information submitted is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.
User Registration
You may be required to register with the Site and agree to keep your password confidential and will be responsible for all use of your account. We reserve the right to remove, reclaim, or change a username you select if we determine that such username is inappropriate, obscene, or otherwise objectionable.
Prohibited Activities
As a user of the Site, you agree not to:
(1) retrieve data, Contents, or Marks from the Site to create/compile a collection, compilation, database, or directory without written permission from Beamer Smoke.
(2) make any unauthorized use of the Site, including social media, to collect usernames and/or email addresses of users by electronic or other means.
(3) interfere with security-related features of the Site, including features that prevent the use or copying any of the Content or enforce limited use of the Site and/or the Content contained therein.
(4) engage in unauthorized framing of or linking to the Site.
(5) trick, defraud, or mislead Beamer Smoke and other users.
(6) misuse support services or submit false reports of abuse or misconduct.
(7) engage in any automated use of the system, including forms, by using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(8) interfere, disrupt, or create an undue burden on the Site, or services connected to the Site.
(9) sell or transfer your customer profile.
(10) use any information obtained from the Site to harass, abuse, or harm another person, including any of our employees or agents engaged in providing support or portions of the Site to you.
(11) upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including spamming.
(12) use the Site in a manner inconsistent with any applicable laws or regulations.
Guidelines for Reviews
The Site provides you with areas to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you have firsthand experience with the product/person/entity being reviewed.
(2) your reviews will not contain offensive profanity, or abusive, racist, offensive, or hate language.
(3) your reviews will not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
(4) when posting negative reviews, you should not be affiliated with competitors.
(5) you will not post any false or misleading statements.
We may accept, reject, or remove reviews in our sole discretion based on the criteria above. Reviews are not endorsed by us and do not represent our opinions or the views of any of our affiliates or partners.
Submissions
Any questions, comments, suggestions, ideas, feedback or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation by you. You hereby waive all moral rights to any such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation.
Third-Party Websites and Content
Beamer Smoke, Beamer Candle Co., SmokeHouse Distribution, Bake Sale, and 40 Grand are all a part of the family that comprises of our business. The Site may contain (or you may be sent via the Site), links to their respective websites as well as contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content.
Site Management
We reserve the right, but not the obligation, to:
(1) monitor the Site and other media channels for violations of these Terms of Use.
(2) take appropriate legal action against anyone who violates the law or these Terms of Use, including reporting such user to law enforcement.
(3) refuse, restrict access to, and limit the Site.
(4) manage the Site in a matter designed to protect our rights and property, and to facilitate the proper functioning of the site.
Privacy Policy
Beamer Smoke takes privacy and security seriously. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
The Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
We do not knowingly accept, request, or solicit information from children or knowingly market to children.
Term and Termination
Beamer Smoke Terms of Use shall remain in effect while you use the Site. We reserve the right to, in our discretion and without notice, deny access to and use of the site (including blocking IP addresses) to any person for any reason. We may terminate your use or participation in the site or delete your account.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party.
Modifications and Interruptions
We reserve the right to change, modify, or remove contents of the Site at any time for any reason at our sole discretion. This may be without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site.
The Site may be unavailable at times if we experience hardware, software, or other problems or need to perform maintenance related to the site. This may result in interruptions, delays, and/or errors.
Governing Law
Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Michigan.
Corrections
Typographical errors, inaccuracies, or omissions may occur on the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and change/update the information on the Site at any time, without prior notice.
User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the site. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all information provided to you via email and on the Site satisfies any legal requirement that this communication is in writing.
Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Beamer Smoke
1800 W West Maple Rd, Commerce Township, MI 48390
Info@BeamerSmoke.com