Please remember that you are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and any other user of the Site, or any user’s action or inaction.
You represent, warrant, and agree that you will not:
Use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms & Conditions and/or any and all applicable local, state, national and international laws and regulations and treaties;
Use the Site for the distribution, housing, processing, propagation, storage, or other handling of, any Content (as defined below) or other material prohibited by these Terms & Conditions, or any material that may create a risk of any loss or damage to any person or property, or any other material (including, without limitation, links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful;
Permit or otherwise enable unauthorized users to access and/or use the Site;
Use the Site to export software or data in violation of applicable U.S. laws or regulations;
Sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Site, or otherwise permit any third party to use or have access to the Site for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Site;
Remove any copyright, trademark, patent or other proprietary notices from the Site or any Content on the Site;
Distribute, publish, exhibit, or otherwise use the Site, in any manner and for any purpose not expressly permitted under these Terms & Conditions;
Exploit the Site or collect any data incorporated in the Site in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;
Register as a user of the Site by providing false, inaccurate, or misleading information;
Post hyperlinks to commercial services or Websites;
Collect personal data about other users of the Site for commercial or any other purposes;
Post or otherwise make available irrelevant Content (as defined below), repeatedly post or make available the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
Attempt to gain unauthorized access to our computer systems (including any non-public areas of the Site) or engage in any activity that disrupts, diminishes the quality of, probes for vulnerability, interferes with the performance of, or impairs the functionality of, the Site (or the servers and networks which are connected to the Site).
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Ole Smoky cannot prevent the “harvesting” of information from this Site, and you may be contacted by Ole Smoky or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of Ole Smoky, may or may not be posted to this Site at the sole discretion of Ole Smoky and may be used by Ole Smoky or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Ole Smoky is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to this Site, you accept that it will not be treated as confidential and may be used by Ole Smoky without compensation in any manner what so ever, including without limitation reproduction, transmission, publication, marketing, product development, etc.
Although Ole Smoky may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Ole Smoky is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Ole Smoky assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
DISCLAIMER: Please be aware that Ole Smoky reserves the right to hyperlink from its websites and individual brand social media sites prior to receiving your company’s express permission. We do not believe this link would cause any consumer confusion or an impression of affiliation or sponsorship. Should your company object to the proposed hyperlink, please send an email to firstname.lastname@example.org as soon as possible to request a posted hyperlink be removed.
UNITED STATES GOVERNING LAW; ARBITRATION; VOID WHERE PROHIBITED
These Terms & Conditions, and your relationship with us under these Terms & Conditions, shall be governed by the laws of the State of Tennessee without regard to its conflict or choice of laws provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to These Terms & Conditions shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in Knoxville, TN. If travelling to Tennessee is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).
Any offer for any product, feature, service or Application made on this Site is void where prohibited.
You agree to resolve any disputes related to these Terms & Conditions as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to these Terms & Conditions.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or these Terms & Conditions:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any provision in these Terms & Conditions is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms & Conditions shall remain in effect.