USER AGREEMENT

THESMOKINGJACKET.COM

This User Agreement constitutes a legal agreement between you and PEI, Inc. (“PEI”) and sets out the terms and conditions to which users of www.thesmokingjacket.com (the “Site”) must adhere. Please read this User Agreement carefully before using the Site, because by submitting any information on the Site and/or using the Site in any manner, you acknowledge that you have read and understand and agree to be bound by the terms set forth herein, as well as our Privacy Policy and any supplemental terms appearing on the Site, all of which are hereby incorporated by reference into this User Agreement (collectively referred to as the “Agreement”). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not submit any information on the Site nor use the Site or any portion of the Site. We reserve the right to amend this Agreement at any time and will post the amended Agreement here.

This Agreement does not apply to other online or offline PEI websites, products or services and does not grant you the right to access any premium or paid portion of any website for which you have not paid a subscription fee.

1.    PEI CONTENT AND USER SUBMISSIONS

1.1   T he content of the Site is intended solely for the personal, noncommercial use of its users. Except for Submissions as defined in Section 1.4 below, all materials published on the Site (including, but not limited to articles, blog entries, comments, text, photographs, images, illustrations, product descriptions, audio, video, software, trademarks, logos and other materials found on the Site (collectively, the “Content”)) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by PEI or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed on the Site.

1.2    The Site is protected by copyright as a collective work and/or compilation, pursuant to United States copyright laws, international conventions and other applicable intellectual property laws, rules and regulations. Except as may otherwise be set forth in this Section 1, you may not reproduce, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, in whole or in part.  You may not use any meta tags or any other “hidden text” utilizing PEI’s name or trademarks without the express prior written consent of PEI.

1.3    Copying or storing of any Content for any purpose other than your personal, noncommercial use is expressly prohibited without the prior written permission from PEI, or the copyright holder identified in the individual Content’s proprietary rights notices.

1.4    You agree that any information, feedback, questions, comments and/or submissions to the Site (collectively, “Submissions”) will be deemed to have been provided to us on a non-confidential and non-proprietary basis, and you grant PEI a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PEI and any sublicensees the right to use the name that you submit in connection with such content. We will have no obligations or liability of any kind to you or any third party with respect to any Submission and shall be free to reproduce, use, disclose, distribute and/or otherwise exploit any Submission for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in any Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques without your approval or compensation to you. You waive any rights you may have in modifications or alterations to your Submissions or in the event that your Submission is changed in a manner not agreeable to you.  In addition, you hereby waive all moral rights you may have in any materials uploaded to the Site or sent to us by you.

1.5    All messages transmitted on the Site will be readily accessible to the general public. You should not use the Site to transmit any communication, which you intend only the intended recipient(s) to read. Notice is hereby given that any and all messages uploaded to the Site can and may be read by the operators of the Site, regardless of whether or not the operators are the intended recipients of such messages.

1.6    To enable PEI to use your Submissions, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any copyright, publicity and database rights you have in that information, in any media now known or developed in the future, with respect to your information. However, PEI will only use your personal information in accordance with our Privacy Policy.

1.7    If you believe the content of any Submission provided by you, or any Content appearing on the Site, has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:

• A link to and a description of  the material that you claim is infringing;
• your mailing address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• Your electronic or physical signature

Our Copyright Agent for notice of claims of copyright infringement on this Site is:

By postal mail:
R. Blabolil

PEI, Inc.
680 North Lake Shore Drive
Chicago, IL 60611
By telephone:
(312) 751-8000

By fax:
(312) 266-2042

By email:
copyright@thesmokingjacket.com

2.    SUBMISSIONS

2.1    Your Submissions shall not include, nor may you upload to, or distribute or otherwise publish on the Site any content which is illegal, libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Further, Submissions may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of unsolicited bulk mailings. Please use your best judgment and be respectful of other individuals using the Site. You agree not to use vulgar, abusive or hateful language.

2.2    You represent and warrant that you own or otherwise control all rights to any content in your Submission; that the content is accurate; does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify PEI for all claims resulting from your Submissions or any portion thereof.

2.3    PEI welcomes Submissions to give our users an interesting and stimulating forum in which they may express opinions and share ideas. PEI does not endorse the opinions reflected in user Submissions. You acknowledge that any Submission may be reproduced, published, transmitted, edited, removed, modified, used and/or displayed by PEI in any manner pursuant to Section 1.4, above.

2.4    You may only use the Site in a noncommercial manner. You shall not, without the express prior approval of PEI, use the Site to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote websites or online services that are competitive with PEI or the Site. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type through the Site.

2.5    While we do not and cannot review every Submission and are not responsible for the content of any of these Submissions, PEI reserves the right to delete, move or edit content that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or this Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. PEI takes no responsibility and assumes no liability for any content posted by you or any third party.  You shall remain solely responsible for the content of your messages.

3.    ACCESS AND AVAILABILITY OF SERVICES AND LINKS

3.1    The Site may contain links to other websites, resources and sponsors of PEI.  Selection of any banner advertisement or link may redirect you to a third party website. Interactions and/or transactions that occur between you and any such third party are strictly between you and that third party and are not the responsibility of PEI. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. PEI does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or webmaster of the third party website.

4.    REGISTRATION AND SECURITY

4.1    In order to access certain areas of the Site and to post comments, you will be required to submit your email address.

4.3    As part of the registration process, you may be asked to select a password and user name (collectively, a “Site ID”). You agree to provide PEI with accurate, complete and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (a) select or use a screen name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any person other than yourself without authorization; or (c) use a screen name that PEI, in its sole discretion, deems offensive.

4.4    You are solely responsible for maintaining the confidentiality of your Site ID and shall notify PEI of any known or suspected unauthorized use(s) of your account, Site ID or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information.

4.5    You are responsible for all usage or activity on your account to the Site. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account at PEI’s sole discretion, and you may be referred to appropriate law enforcement agencies.

4.6    IF THIS AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE, YOU MAY CANCEL YOUR REGISTRATION BY SIMPLY DISCONTINUING THE USE OF YOUR ACCOUNT AND SITE ID.  YOUR CONTINUED USE OF THE SITE, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH RULES, CHANGES OR MODIFICATIONS.

5.    FEES AND PAYMENTS

5.1    PEI reserves the right at any time to charge fees for access to the Site. In the event that PEI so elects, it shall post notice on the Site and the terms of this Section 5 shall apply to all such fees and payments due.  In the event fees are charged, you agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Site by PEI or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You will not receive access to any service until subscription fees have been received by PEI. Subscription fees are not refundable in whole or in part, even in the event your account is terminated by you or by PEI. In the event of termination, your paid subscription will remain active through the end of the subscription term. You are responsible for the payment of any and all applicable taxes relating to use of the Site through your account. Your right to use the Site is subject to any limits established by PEI in its sole discretion.

5.2    You understand that your paid subscription will renew automatically at the end of your subscription period until you request a cancellation (See Section 10. Termination), and you hereby authorize PEI (or its service provider) to charge your chosen payment method to pay for the ongoing fees relating to your subscription.

5.3    In the event that PEI issues a refund, the refund will be credited solely to the payment method used in the original transaction. PEI will not issue refunds by cash, check or to another credit card or payment mechanism.

5.4    To complete your purchase you may be transferred to the secured server of our third party billing service and/or its providers (“Service Provider”), a third party company providing subscription payment processing and other billing services for website operators, such as the owner and operator of this Site. Neither Service Provider nor any person or company related to Service Provider holds any ownership interest in this Site, nor receives any financial benefit from this Site, other than a fee paid by the owner of this Site to Service Provider for the services performed by Service Provider. Service Provider HAS NO CONTROL OVER THE SITE, or any of the design, layout, content, subject matter, products, services or persons that appear in or on or that are linked to the Site, or the geographical areas into which it may disseminate, broadcast or permit the downloading of or access to the content or services offered by the Site. Accordingly, Service Provider makes absolutely no representations and/or warranties, and provides no assurances, regarding the Site, the Site owner, or the quality, availability, legality or description of the products and/or services offered thereon. SERVICE PROVIDER EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO THIS SITE AND/OR THE PRODUCTS AND SERVICES OFFERED HEREON. Any disputes arising in connection with this Site, or the products and/or services being offered or purchased, are between you and the owner of this Site. In certain circumstances, Service Provider may provide subscription and billing customer service for the Site, in which case Service Provider may be handling such disputes. In all other cases, disputes related to the Products and Services should be directed to the contact information contained on the Site; however, you should feel free to contact Service Provider in the event that you feel that the Site operator acted fraudulently, or you were misled in any way. Service Provider urges you to carefully read the Terms and Conditions on the Site, and to ask PEI any questions you may have regarding the service/product before completing the subscription or other transaction, by using the contact information on this Site. By submitting your request for authorization of your transaction, you acknowledge having read, understood and agreed to the terms and conditions herein stated, AND agree to indemnify, defend, and hold Service Provider harmless from any and all liabilities, damages (including attorneys fees and associated costs) and other costs and expenses arising in connection with your visit to or use of this Site, and/or your purchase or offer to purchase any of the products and services offered hereon.

6.    REPRESENTATIONS AND WARRANTIES

6.1    You represent, warrant and covenant (a) that no materials of any kind submitted by you or through your account, or PEI’s use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material, or otherwise violate any applicable laws, rules or regulations; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.

6.2    PEI makes no representation that the Content on the Site is appropriate for access outside of the United States. Those who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws.

6.3    PEI neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Site by any user, information provider or any other person or entity. THE SITE IS PROVIDED “AS IS.” PEI MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES (EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY), CONDITIONS, GUARANTIES, OR REPRESENTATIONS, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SITE. PEI DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE.  PEI MAY CHANGE ANY INFORMATION OR CONTENT FOUND ON TH SITE AT ANY TIME WITHOUT NOTICE, BUT MAKES NO COMMITMENT TO UPDATE ANY INFORMATION OR CONTENT FOUND ON THE SITE.

6.4    You hereby acknowledge that the use of the Site and the content available thereon is at your sole risk.

7.    INDEMNIFICATION

7.1    You hereby agree to indemnify, defend and hold PEI and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising from of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. PEI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of PEI without PEI’s prior written approval.

8.    LIMITATION OF LIABILITY

8.1    NEITHER PEI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR: (a) ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE,  OR THE CONTENT THEREON; (b) ANY OF THE MATERIALS PROVIDED BY PEI OR THIRD PARTIES THROUGH THE SITE; OR (c) ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF PEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.

8.2    TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PEI’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100.00).

9.    SYSTEM INTEGRITY

9.1    You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third party or use your password for any unauthorized purpose.

10.    TERMINATION

10.1    You may terminate your paid subscription at any time by requesting a cancellation from a link in the Member Services section of the Site. If you are unable to access the Member Services section, you may cancel your paid subscription by calling 1-800-276-6048 or emailing admin@thesmokingjacket.com.  No subscription or other fees will be refunded upon any termination, and you will retain access through the duration of your subscription term. You are responsible for all charges incurred up to the time the account is deactivated, whether or not such charges were actually incurred by you.  If you wish to terminate your free registration, you may simply discontinue your use of your account and Site ID.

10.2    PEI may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Site for any or no reason, including, without limitation, any breach of this Agreement by you or associated with your account, any assignment of your account to a third party, or the repeated infringement of copyrights owned by PEI or third parties.

10.3    PEI, including, without limitation, its authorized agents and employees may terminate your use of the Site without notice in the event that you breach any obligation in this Agreement, including but not limited to, (a) restricting, inhibiting or disrupting the operation of the Site; or (b) attempting to alter or improperly access any feature or function of the Site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Site or any PEI employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a PEI employee or other individual.

11.    MISCELLANEOUS

11.1    This Agreement has been made in and shall be construed and enforced in accordance with Illinois law without regard to any conflict of law provisions. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Chicago, Illinois, and you hereby consent to the personal jurisdiction and venue of the courts located in Cook County, Illinois.

11.2    Official correspondence must be sent via postal mail to:
PEI, Inc.
Attention: General Counsel
680 North Lake Shore Drive
Chicago, IL 60611

11.3    This Agreement, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and PEI with respect to your access to and use of the Site and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and PEI with respect to the Site. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or unenforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect.

11.4    PEI may assign this Agreement: (a) to any of its affiliates, (b) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of PEI or (c) in connection with the sale of any of the Site or the business unit associated with such Site.

11.5        You agree to file any claim regarding any aspect of this Site or this Agreement within six (6) months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

11.6        If, for any reason, any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect.

11.7        Any failure of PEI to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

G.    ACCEPTANCE

You hereby acknowledge that you have read and understand the foregoing Agreement and agree to be bound by its terms and conditions.