Payment
Payment for services is required upon completion of services. These fees are non-refundable. In the unlikely event that a cancellation is required due to forces outside the control of Opaque Smoke School Inc., a credit will be issued for attendance at a different smoke school location or date.
Refund Policy
In the unlikely event that a buyer wishes to cancel an event more than 61 days in advance of the scheduled event, the buyer agrees to be responsible for 50% of the total charges. For cancellations with 60 days or less notice prior to the scheduled service date, the buyer agrees to be responsible for 100% of the total charges.
Force Majeure
In the event that either party is prevented from completing the performance of its obligations hereunder by an act of God or another occurrence beyond the reasonable control of the parties hereto, it shall be excused from further performance and undertakings hereunder for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof.
Partial Invalidity
If any one or more provisions of this Agreement are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. The Agreement shall be construed as if such provision had never been contained herein.
Waiver
No claim or right arising out of a breach of any or all of the terms and conditions appearing in this Agreement can be discharged in part or in whole by a waiver, renunciation, or failure to enforce any such right or claim unless Opaque Smoke School Inc. expressly consents in a separate writing executed by a duly appointed officer of the corporation.
Governing Law
The validity or construction of this Agreement, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Kansas. The obligations and undertakings of each of the parties under this Agreement shall be performable at Johnson County, Kansas, through the principal place of business of Opaque Smoke School Inc. in Overland Park, Kansas.
Confidentiality
Opaque Smoke School Inc., for itself and its employees, agrees that any proprietary information or processes will not be revealed to third parties. Any ideas, concepts, or discoveries for which patents might be obtained that are made under this contract, in the course of the execution of this Agreement, shall become the property of Opaque Smoke School Inc.
Warranties
Opaque Smoke School Inc. adheres to all protocols of 40 CFR Part 60, Appendix A, Reference Method 9.
Opaque Smoke School Inc.’s maximum liability under any contract shall not exceed the net contract price or funds received by Opaque Smoke School Inc., and there is no other expressed or implied warranty.
The Client agrees to indemnify, defend, and hold harmless Opaque Smoke School Inc. and all officers, directors, and employees from any claims, causes of action, losses, damages, suits, and liabilities of any kind, including all expenses of litigation, court costs, and attorney’s fees for damages to any property, or injuries to, or sickness, or death of any person arising from the Client’s negligence or breach of contract.
Sales Taxes/Fees
Engineering, consulting, testing, and training services are generally not subject to sales tax. However, the rental of equipment is generally subject to sales tax. The Client will be responsible for all taxes due, even if not invoiced as a separate line item. All fees required to implement this project, of any kind, are payable by the Client. The Client is responsible for all permitting, construction, or other fees associated with the compliance activities.
Arbitration
In the event a disputed matter cannot be resolved within sixty (60) days of a written notice of dispute, the dispute will be arbitrated pursuant to RCW Chapter 7.04. Arbitration will be binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Compliance with Codes and Law
The Client agrees to provide an environment in which Opaque Smoke School Inc. will be able to comply with all applicable codes, regulations, and laws, and will be responsible for any expense incurred by Opaque Smoke School Inc. to comply, unless otherwise stated in the proposal. The Client agrees to hold harmless Opaque Smoke School Inc. for any such violation.
Opaque Smoke School Inc. will take reasonable care and precaution in providing its services but assumes no liability for any damage or injury which may occur to the participant, or to the property and employees of those companies for which private smoke schools are conducted. All warranty and claims must be made during the period covered by the applicable certification.
### Messaging Terms & Conditions
Opaque Smoke School | Opaque Smoke School Inc., | 12908 Larsen St, Overland Park, KS, US 66213-3467
General
When you opt-in to the service, we will send you a message to confirm your signup.
By opting into messages, you agree to receive recurring automated marketing and informational text messages from Opaque Smoke School Inc., for Opaque Smoke School. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with Opaque Smoke School. Opaque Smoke School Inc. reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Opaque Smoke School Inc. also reserves the right to change the short code or phone number from which messages are sent.
Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.
Your consent to receive marketing messages is not a condition of purchase.
Carriers
Carriers are not liable for delayed or undelivered messages.
Cancellation
You can cancel any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Opaque Smoke School Inc. again, just sign up as you did the first time, and Opaque Smoke School Inc. will start sending messages to you again.
Info
Text “HELP” at any time, and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at accounts@opaquesmokeschool.com.
Transfer of Number
You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at accounts@opaquesmokeschool.com. The duty to inform us based on the above events is a condition of using this service to receive messages.
Privacy
If you have any questions about your data or our privacy practices, please visit our [Link to SMS privacy policy].
Messaging Terms Changes
We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.