Terms and Privacy
Terms & Conditions
Welcome to the Smokey Signals web site, SmokeySignals.com.
By using our site you agree to the following terms and conditions, and any policies, guidelines or changes that may be presented to you from time to time (collectively known as the "Terms of Service").
We may update the Terms of Service in the future, and you will be able to find the most current version of this agreement on our website.
1. USE OF OUR WEBSITE
Smokey Signals, its subsidiaries and affiliated companies offer use of our site to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of SmokeySignals.com. For your account password, you are responsible for maintaining the confidentiality, and are responsible for any and all activities occurring under your account.
If there is any unauthorized use of your password or account (if any) you agree to immediately notify Smokey Signals. This includes any other possible breach of security of your account. Smokey Signals cannot and will not be liable for any loss or damage if you fail to keep your password secure or provide us with accurate information.
2. YOUR REQUIRED CONDUCT
You understand that all data, text, information, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Smokey Signals reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via SmokeySignals.com.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using SmokeySignals.com and for any consequences thereof. You agree to use SmokeySignals.com only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts SmokeySignals.com or servers or networks connected to SmokeySignals.com.
To report any activity or Content that may violate the Terms of Service, please go to the contact page: http://www.SmokeySignals.com/contact.php
In addition to this agreement, your use of some specific parts of SmokeySignals.com is governed by the policies or guidelines that are presented to you when you sign up for or access the site, and which are specifically incorporated into this Terms of Service.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
You understand that the technical processing and transmission of SmokeySignals.com, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. PROPRIETARY RIGHTS
Smokey Signals Rights
You acknowledge and agree that SmokeySignals.com and any necessary software used in connection with Smokey Signals ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through SmokeySignals.com is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Smokey Signals™ or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on SmokeySignals.com, Content or Software, in whole or in part.
SmokeySignals.com claims no ownership or control over any Content submitted, posted or displayed by you on or through SmokeySignals.com. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through SmokeySignals.com and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through SmokeySignals.com which are intended to be available to the general public, you grant Smokey Signals a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on SmokeySignals.com solely for the purpose of displaying, distributing and promoting SmokeySignals.com. This license terminates when such Content is removed from the SmokeySignals.com to which you originally submitted. Smokey Signals reserves the right to syndicate Content submitted, posted or displayed by you on or through SmokeySignals.com and use that Content in connection with any of the services offered by Smokey Signals™. Smokey Signals™ furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
5. GENERAL PRACTICES OF USE
You agree that Smokey Signals™ has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Smokey Signals. You acknowledge that Smokey Signals has set no fixed upper limit on the number of transmissions you may send or receive through Smokey Signals website; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
6. NO RESALE/DISTROBUTION OF SERVICES/PRODUCTS ALLOWED
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of SmokeySignals.com, use of Smokey Signals.com, or access to SmokeySignals.com.
7. MODIFICATIONS TO WEBSITE
Smokey Signals™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, SmokeySignals.com (or any part thereof) with or without notice. You agree that Smokey Signals shall not be liable to you or to any third party for any modification, suspension or discontinuance of SmokeySignals.com.
You may discontinue your use of SmokeySignals.com at any time. You agree that Smokey Signals may at any time and for any reason, including a period of account inactivity, terminate your access to Smokey Signals.com, terminate the Terms of Service, or suspend or terminate your account (if any). In the event of termination, your account will be disabled and you may not be granted access to SmokeySignals.com, your account or any files or other content contained in your account.
SmokeySignals.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Smokey Signals has no control over such sites and resources, you acknowledge and agree that Smokey Signals is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Smokey Signals shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Smokey Signals, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of SmokeySignals.com, violation of this Terms of Service or any other actions connected with use of SmokeySignals.com, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Smokey Signals will provide you with written notice of such claim, suit or action.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF SmokeySignals.COM IS AT YOUR SOLE RISK.
SmokeySignals.COM INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Smokey Signals™ EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Smokey Signals DOES NOT WARRANT THAT (i) Smokey Signals.COM WILL MEET YOUR REQUIREMENTS, (ii) SmokeySignals.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SmokeySignals.COM WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SmokeySignals.COM WILL MEET YOUR EXPECTATIONS
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SmokeySignals.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Smokey Signals.COM OR THROUGH OR FROM SmokeySignals.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Smokey Signals SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Smokey Signals HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SmokeySignals.COM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SmokeySignals.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SmokeySignals.COM; OR (v) ANY OTHER MATTER RELATING TO Smokey Signals.COM.
13. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. 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 IN SECTIONS 12 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that Smokey Signals may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on SmokeySignals.com.
15. GENERAL INFORMATION
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and Smokey Signals and govern your use of SmokeySignals.com, superseding any prior agreements between you and Smokey Signals™ for the use of SmokeySignals.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Smokey Signals services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and Smokey Signals shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Smokey Signals agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Shasta, California.
Waiver and Severability of Terms. The failure of Smokey Signals to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SmokeySignals.com or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.
Information that is Collected from Visitors
In general, you can visit the SmokeySignals.com website without telling us who you are or revealing any personal information about yourself, such as your name, phone number or postal or email address. Our web server collects IP addresses to obtain certain aggregate information concerning the use of our website.
An IP address is a number that is automatically assigned to your computer whenever you're surfing the web. We do not link IP addresses to any personally identifiable information. Therefore you can remain anonymous when you visit our website.
Our web servers also collect information such as number of visits, average time spent on the site, pages viewed, etc., but this information is not traceable back to an individual user. SmokeySignals.com uses this information to analyze how people use our site and generate ideas on how the site might be improved.
Some of our web pages utilize "cookies" so that we can better serve you with tailored information when you return to our site. Cookies are identifiers that a web site can send to your browser to keep on your computer to facilitate your next visit to our site. It may do such things as store the fact that you have registered for a seminar so that the next time you visit the site we recognize you are a registrant.
You can, if you wish, set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it.
Occasionally you may be asked to give use more specific information about yourself, such as when you download an E-book or article, register to receive a newsletter, respond to a survey or enter a contest from our website. Supplying such information to us is optional, but you may be unable to complete certain transactions without giving such information.
Entities collecting personal information.
The information provided at this site is collected by Smokey Signals, 3381 Wildwood Road, Wildwood, CA 96076. This website contains links to websites owned and maintained by other companies.
Such websites may also collect personal information and such collection of personal information will be subject to the privacy policies of the site and company at which it is collected.
Information Collected via Marketing Activities
SmokeySignals.com conducts many different marketing activities by which it may collect your personal information.
For example, we collect contact information when we invite the public to download free articles from our website in return for providing us contact information, and we obtain addresses from publications that target the industries from which we hope to attract customers.
The Use of Personal Information
SmokeySignals.com may use the personal information you provide us for a variety of purposes, including registration, authentication and marketing. We may use the information to inform you of special offers, contests, upgrades and other SmokeySignals.com products that may be of interest to you.
When you are a customer of Smokey Signals.com's products, we may use your personal information to contact you for a wide array of customer relation/customer service purposes, including special sales or promotions.
SmokeySignals.com values your privacy, and never shares your information with third parties.
Smokey Signals.com's products are not marketed to children under the age of 13 and SmokeySignals.com does not knowingly collect personal information from children under the age of 13. SmokeySignals.com is committed to protecting the privacy of children and if SmokeySignals.com becomes aware that such information was collected, it will treat that information as sensitive.
If you do not wish to receive information about additional Smokey Signals.com's products, please let us know (contact information below) and we will respect your wishes. Emails we distribute describing offers we think may be of interest to you will also contain instructions as to how you can opt-out of future emails.
SmokeySignals.com stores the personal data of web site visitors and customers indefinitely and may maintain and process such information directly or indirectly in one or more databases in the United States and elsewhere.
We may hire other companies to provide services on our behalf that may involve the storage and use of your personal information, such as for delivering mailings or emails. Any such company or third party is required to maintain the confidentiality of that information and is prohibited from using that information for any purpose other than as authorized by us.
If you provide personal information to SmokeySignals.com, you agree and consent to Smokey Signals.com's storage and usage of this information anywhere that SmokeySignals.com maintains offices (around the world), for a variety of purposes, including those described above.
SmokeySignals.com may also disclose such personal information if required by law or if SmokeySignals.com believes in good faith that such disclosure is reasonably necessary to comply with legal process (for example, a warrant or subpoena or other court order) or protect the rights, property or personal safety of SmokeySignals.com, our customers or the public.
Updating Personal Information and "Opting Out"
SmokeySignals.com wants to ensure that the information it collects is accurate. You may notify us of any change to your address, phone number, email address or other information by sending us an email message at service@Smokey Signals.com or by notifying us in writing at
Attn: Web Privacy Department
3381 Wildwood Road
Wildwood, CA 96076
If at any time you wish to "opt out" of receiving information from Smokey Signals.com, please notify us by sending us an email or written message to the addresses shown above or by emailing us at service@Smokey Signals.com . Please note that due to lead times on certain mailings and other contacts, you may continue to receive contacts for a period following your "opt out" notification.
Changes to this Policy
Third Party Sites
We hope this policy statement helps you understand Smokey Signals.com's practices with respect to your personal and business information. If you have any questions or concerns, please contact us as indicated above under the heading "Updating Personal Information and "Opting Out".
Prop 65 Warning: Detectable amounts of chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm are or may be found in these materials. (California Health and Safety Code Section 25249.6).