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Smokies Marketing Affiliate LLC
Terms and Conditions

August 10, 2022

 

AGREEMENT TO TERMS

 

These Terms and Conditions constitute a legally binding agreement between you whether personally or on behalf of an entity ("you") and ​Smokies Marketing Affiliate LLC ("Company," "we," "us," "our," "me," "my," or "I"), concerning your access to and use of the www.travelingthesmokies.com website as well as any other media form, media channel, mobile website application related, linked, or otherwise connected thereto (collectively the "Site"). We are registered in Tennessee, United States and have our registered office located in East Tennessee. You agree that by accessing the Site you have read, understood, and agreed to be bound by all these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes by modifications to these Terms and Conditions at any time and for any reason. We will alert you ​about any changes by updating the last updated date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted. ​

The information provided on the Site is not intended for distribution to or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation of which would subject us to any registration requirement within such jurisdiction or country. Accordingly, these persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable. 

 

The site is not tailored to comply with industry-specific regulations [Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission of and be directly supervised by their parent or guardian to use the Site. If you are a minor you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

 

INTELLECTUAL PROPERTY RIGHTS

This Site is our proprietary property and all source code, databases, functionality, software, website designs, audio photographs, and graphics on the Site (objectively, the  "Content") and the trademarks, service marks, and logos obtained therein (the "Marks") are owned and controlled by us or licensed to us,  and are protected by copyright laws, and trademark law, and various other intellectual property rights and unfair competition laws of the United States, international copyright laws and  international conventions; unless other indicated. For example, Some of our photographs used on this Site have a 'Free for Commercial Use' License  attached to them; these photographs have been pulled from Unsplash.com and Pixabay.com. However, we are obligated to abide by their Terms  when we use their photographs.  The Content and the Marks are provided on the Site AS IS for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, upload, posted publicly, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. 

USER REPRESENTATIONS

 

By using the Site, you represent and warrant that (1) you have the legal capacity and you agree to comply with these Terms and Conditions, (2) you are not a minor in the jurisdiction in which you reside or if a minor, you have received parental permission to use the Site, (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise, (4) you will not use the site for any illegal or unauthorized purposes, and (5) your use of the Site will not violate any applicable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be use in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retriever data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, databases, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 

  • Circumvent disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  • Use any information obtained from the Site in order to harass, abuse, or harm another person.

  • Make improper use of our support service or submit false reports of abuse or misconduct.

  • Uses the Site in a manner inconsistent with any applicable law or regulations.

  • Engage in unauthorized framing of or linking to the Site.

  • Upload or transmit (or attempt to upload or to transmit) viruses. Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party is uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Site. 

  • Engage in and automated use of the system such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction topics.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism including without limitation, clear graphics interchange formats ("gifs") , 1 x 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

  • Interfere with disrupt, or create an undue burden on the Site or the network or service connected to the  Site.

  • Harass, annoy, intimidate or threaten nay of our employees or agents engaged in providing any portion of the Site to you.

  • Attempt to bypass any measure of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 

  • Copy or adapt the Site software including but not limited to Flash, PHP, HTML, JavaScript or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble,, or reverse engineer any of the software comprising or in any way making up a part of the Site. 

  • Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system including without limitation, any spider, robot, cheat utility, scraper or offline reader that access the Site, of using or launching any unauthorized script or other software. 

  • Use a buying agent or purchasing age to make purchases on the Site. 

  • Make any unauthorized use of the Site, including collecting usernames and/or email, addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenge generating endeavor or commercial enterprises. 

The Site is not set up for account access where users can create an account at this time. So a few reasons above may or may not apply at this time. Only signing up for our weekly  newsletter will be available at this time at your own discretion. 

USER GENERATED CONTRIBUTIONS

The site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, preform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or person at information or other material (collectively "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you submitted may be treated in acceptance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent, and warrant that:

  • The creations, distribution, transmission, public display or performance, and the accessing, downloading or copying of your Contributions do not and will not infringe the proprietary rights including but not limited to the copyright patent, trademark, trade secret or moral rights of any third-party.

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use, the Site, and other users of the Site to use your Contributions, in any manner, contemplated by the Site and these Terms and Conditions.

  • You have the written consent, release, and of permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.

  • Your Contributions is not false, inaccurate, or misleading. 

  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailing or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  • Your Contributions are not used to harass or threatened (in the legal sense of those terms) any other person and to promote violence against a specific persona or class of people.

  • Your Contributions do not violate any applicable law, regulation or rule.

  • Your Contributions do not violate the privacy or publicity rights of any third party. 

  • Your Contributions do no violate any applicable law concerning child pornography, or otherwise intended to protect the health or wellbeing of minors.

  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, handicap, or disabilities.

  • Your Contributions do not otherwise violate or link to materials that violate any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of the foregoing, violates these Terms and Conditions, and may result in, among other things, termination or suspension of your rights to use the Site. 

CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or better feedback regarding the Site, you may agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. Your retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representation in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual proprietary rights and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial, or otherwise, without acknowledge, or compensation to you. You thereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us if any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THRID-PARTY WEBSITE AND CONTENT

 

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Content are not investigated, monitored, or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third-Party Websites, accessed through the Site, or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of  or contained in the Third-Party Websites or the Third-Party Content. Inclusion of linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content  does not imply approval or endorsement thereof by us, if you decide to leave the Site and access the Third-Party Websites (these Third-Party Websites are our affiliate partners), so we ask that you do not copy the links or use them in any format outside our Site. All of our links on our Site are affiliate links directly from our affiliate partners. We receive a commission from every purchase made through our affiliate links. So we ask that you refrain from using them or installing them for any reasons outside of our Site. You should review that applicable terms and policies, including privacy and data gathering practices of any website to which you navigate from the Site.  Any purchases you make through Third-Party Website will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge  that we may  or may not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

Our advertisers, our business partners, display their advertisements and other information in certain areas of the Site via affiliate links including sidebar advertisements or banner advertisements. If you are an advertiser and have an affiliate program, contact us at sherr@smokiesmarketingaffiliate.com, if you would like to partner with us. Feel free to send us information regarding your affiliate program and if you use a third-party company such as CJ Affiliates, Awin, etc. If you are advertiser , you shall take full responsibility for any affiliate advertisements that are placed on our Site, and any services offered via affiliate links on our Site or products offered through your affiliate advertisements listed on our Site. Further, as an advertiser through your affiliate program, our contract with you gives us the right and authority to add the affiliate links including sidebars, banners, etc. to our Site.

SITE MANAGEMENT

We reserve the right, but not the obligation to (1) monitor the Site for violations of these Terms and Conditions, (2) take appropriate legal action against anyone who in our sole discretion violates the law or these Terms and Conditions, including without limitation reporting such to law enforcement  authorities, (3) in our sole discretion and without limitation, refuse, restrict access to limit the availability of, or disable (to the extent technologically feasible) any of you. Contributions or any portion thereof (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. 

PRIVACY POLICY

We are about data privacy and security by using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms and Conditions. Please be advised that this Site is hosted by Wix.com. Wix.com provides us with the online platform that allows us to market and promote our advertiser's (partner's)  products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. See our our Privacy Policy for more information. 

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON INCLUDING WITHOUT LIMITATION FOR BREACH OR ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE  MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we terminate or suspend  your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you my be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party, for any modification, price change, suspension, or discontinuance of the Site. 

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems, need to perform maintenance related to the Site, or our host, Wix.com may be having some issues on their end resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused  by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be constructed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

 GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and constructed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without regard to its conflict of law principles. 

DISPUTE RESOLUTION

INFORMAL NEGOTIATIONS

To expedite resolution and control the cost of any dispute, controversy,  or claim related to these Terms and Conditions (each "Dispute" and collectivity, the "Disputes"), brought by either you or us (individually, a "Party" and collectively, the "Parties"),  the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party

BINDING ARBITRATION

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Dispute expressly, excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall commenced and conducted under the Commerce Arbitration Rules of the American Arbitration Association ("AAA") and where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The Arbitrator must follow applicable law and any award may be challenged if the arbitrator fails to do so, except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Monroe, Tennessee. Except as otherwise provided herein, the Parties litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Disputes shall be commenced or prosecuted in the state and federal courts located in Monroe, Tennessee, and the Parties, hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non-convictions with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms and Conditions.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within the portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

RESTRICTIONS

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding, (b) there is no right or authority for any Dispute to be arbitrated on a class action or to utilize class action procedures, and (c) there is no right of authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration, (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft privacy, invasion of privacy, or unauthorized use, and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the court listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information of the Site at any time, without prior notice. 

DISCLAIMER

THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITE'S LINK TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILIY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY  INTERRUPTION OR OESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE MAY OR MAY NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES, AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUMOR IN ANY ENVIRONMENT YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ALSO, SEE OUR DISCLAIMER FOR ADDITIONAL INFORMATION.  

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABILE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGE INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOT WITH STANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD  PRIOR TO ANY CAUSE OF ACTION ARISING OR $6,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees from and against any loss damage, liability, claim, or demand, including reasonable attorneys fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right at your expense, to assume the exclusive defense, and control of any matter for which you are required to indemnify us, and you agree to cooperate at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim action of proceeding which is subject to this indemnification upon becoming aware of it. 

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to our use of the Site. Although, we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via emails and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations or rules, ordinances, or other laws in any jurisdiction which required an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd. Suite N 112, Sacramento,  California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. 

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement  and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Condition shall not operate as waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agreement these Terms and Conditions will not be constructed against us by virtue of having drafted them. You, hereby, waive any and all defenses you may have bases on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions. 

The only information that may be collected is first and last name as well as email for email marketing only. You have the opportunity to unsubscribe from our emailing list at any time. We will only send you information such as blog update, ideas for traveling the Smokies and Tennessee and affiliate links from our partners in a marketing campaign. We will refrain from sending anything that is not related to what we are about. 

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Smokies Marketing Affiliate LLC

2237 Niles Ferry Rd

Madisonville, TN 37354

Phone: (423) 404-5760 - (if we do not pickup, please leave us a message!)

Email: sherr@smokiesmarkteingaffiliate.com - (Preferred Option)

"We Travel Not To Escape Life, But For Life Not To Escape Us."

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