Please read this document thoroughly before you view and use our web site.

In these terms of service, any references to “we”, “us” and “our” are to BPA Air Quality Solutions, LLC. References to “the website”, “this website” or “our website” are to www.methanegasdetectors.com.

Our information is gathered from a number of sources. These sources are known as “information providers”.

Acceptance of terms

When you access the content of the website, you agree to be bound by the following terms and conditions. You also accept our privacy policy.

If you disapprove of any of the terms and conditions set out here, do not use any of the products and services on the website and leave immediately.

Modifications

We reserve the right to change all or part of this agreement without notice. We advise you to regularly check this website’s terms and conditions so that you remain aware of any changes. We regard your continued use of the website and its services as an acceptance of the terms and conditions and any changes we make to them.

Operating policies

By accessing the website, you agree to our operating policies. These are the rules that control user activity. The rules are subject to change when we deem this to be necessary.

We may withdraw materials and communications that we believe breach our operating policies. But we do not give any assurance that that we will do so.

We may end or suspend the service if there is any breach of the operating policies or other clauses of this agreement.

Disclaimer

When we provide information on this website, we are not offering advice. The purpose of the information is to give you a broad understanding of our products that you can buy online or by telephone.

The information is given on an “as is” basis. It has no warranties expressed or otherwise implied that relate to the accuracy, reliability, completeness, fitness for purpose, compatibility or security of any components of the website.

Do not rely wholly upon the information when making a related decision. Although we collate the information from a number of information providers, do not regard it as complete. Do not use the information instead of operating manuals, federal and international standards, and advice or consultation from

• • a physician;
• • an official, government-recognized regulatory agency; or
• • the original manufacturer of the product.

We do not promote or recommend any particular form of methane gas detection product or technology.

The information on our website does not include

• • health treatments and the prevention of medical conditions; and
• • the self-management of environmental methane gas safety.
   

Never delay in taking advice from a physician or a government agency because of any information you may have read on this website.

Neither we nor our information providers can give any guarantees against loss of data, delays, omissions or human and machine errors.

We cannot give an assurance that you will have uninterrupted availability of the website. We also cannot guarantee that your use of the website will be error free.

We will not be held responsible if there is a delay or failure to comply with our obligations because of any cause beyond our reasonable control. This does not affect your statutory rights.

Liability

Neither we nor our information providers are liable, under any circumstance, for indirect, special or consequential damages including any loss of business, revenue, profits or data resulting from your use of the website.

Neither we nor our information providers are responsible for any information on the web site under any theory of indemnity or liability.

If you download an available file from this website, we and our information providers do not give an assurance that the file has no infections, Trojan horses, viruses, worms or anything that may cause damage and destruction.

If we or our information providers have any liability for damages that includes without limitation, liability arising out of contract, negligence, strict liability, tort or patent of copyright infringement, the liability shall not be more than the fees that the user paid for the particular service or information provided. Neither we nor our information providers shall be liable for any amount of damages other than this. All other damages – direct or indirect, special, incidental, consequential or punitive – are excluded. This applies even if someone has advised us or our information providers that there is a chance of these damages.

Indemnification

By using this website you agree to indemnify, defend and hold harmless BPA, its officers, directors, employees, agents, licensors, suppliers and service providers from and against all claims, costs, damages, losses and expenses (including all reasonable legal fees) that result from you (or any person accessing the online service using your service account) infringing this agreement or engaging in any activity related to your account (including negligent or wrongful conduct).

Accessing and use of the website

If you intend to access the website, you are liable to supply and meet the costs of all of the equipment and services necessary to gain such access. These items of equipment and services include a computer, an internet provider, a telephone and telephone service provider.

Note that you must not send content to the website that is obscene, abusive, illegal, threatening or otherwise injurious to third parties. We may intercept or delete communications and material that we judge to be

• • abusive, defamatory or obscene;
• • fraudulent, deceptive or misleading;
• • in breach of copyright, intellectual property right or a trademark;
• • offensive or otherwise unacceptable.

You must also not interpret any information in a discussion area of the website as expert guidance.

We cannot evaluate all of the information and materials that are sent to the website and we cannot be held responsible for its content.

Copyright

All intellectual property derived from the aesthetics and functionality of this website is the property of BPA Air Quality Solutions, LLC. You agree to respect our intellectual property rights and will not copy, download, exploit, print, reproduce or transmit any of the material on the website for commercial purposes.

If you have a non-commercial use for some of the material from the website, you may download and exhibit it.

If you intend to publish, redistribute or retransmit any of the material, you must obtain our explicit written permission.

You must not modify or remove any proprietary notices from downloaded materials.

The complete contents of the website are copyrighted as a collective work by BPA Air Quality Solutions, LLC. This applies under the law of the United States and other copyright laws.

Ideas

If you submit ideas to a public area of the website by whatever means and by using any media (now known or developed hereafter), you agree that we have a non-exclusive, royalty-free, worldwide perpetual license to use these ideas. You also agree that we have the right to sublicense, transmit, reproduce, distribute, publicly display, publicly perform and create derivative works of your materials and other information. This includes, without restriction, ideas for new or better services and products.

Furthermore, you agree that you will not take any action against us for any alleged or actual breach or expropriation of any proprietary rights contained in your communication.

Communications

We provide this website as an online information and communications service. It is subject to your compliance with these terms of service. You agree not to send us false email addresses, not to impersonate anyone, or to otherwise mislead us.

Any electronic communication that you send us must not contain viruses, commercial solicitation or any type of “spam”.

Third party rights

The provisions of this agreement headed Accessing and use of the website and Indemnification are provided for the sake of BPA Air Quality Solutions, LLC; its officers; directors; employees; agents; licensors; suppliers; and service providers. These individuals or entities shall have the right to assert and enforce the provisions against you on their own behalf.

Trademarks and service marks

This website may contain trademarks and service marks owned by parties other than BPA Air Quality Solutions, LLC.

Agreement termination

This agreement comes into force when you access the online service and/or complete the registration process.

We reserve the right to end the agreement at any time for any reason without giving notice. You may end the agreement at any time for any reason by giving us notice.

The provisions headed Indemnification; Accessing and use of the website; Copyright; Ideas; Third party rights; and Governing law and jurisdiction apply regardless of any termination of this agreement.

Governing law and jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of South Carolina. By using this website, you agree to be bound exclusively by the jurisdiction of a competent South Carolina court in the event of any proceeding or legal action between BPA Air Quality Solutions, LLC and you relating to this agreement.

If you have a cause of action or claim related to our online service you must begin this within one year after the cause of action or claim arises. Do not construe as a waiver of any provision or right any failure on our part to demand or enforce a strict adherence to any provision of this agreement.

The course of conduct between the parties and trade practice shall not cause any modification of any provision of this agreement.

We may transfer our rights and duties under this agreement to any party at any time without informing you.

Any questions? Call us and we’ll be glad to help!

1-877-688-2703