1. INTRODUCTION.
Welcome to the web site for knoxvillelifestyle.com ("Site"), which
is owned by
Greater Knoxville Lifestyle, Inc. ("Greater Knoxville Lifestyle").
2. ACCESS TO THE SITE.
By accessing, browsing and/or using the Site, you acknowledge that
you have read, understood and agreed to be bound by these terms and
conditions of use ("Terms") and to comply with all applicable U.S.
laws and regulations. In addition, you hereby represent and certify
that you are at least eighteen (18) years of age. If you do not or
cannot agree to the Terms, please do not use the Site or any of the
services offered through the Site. Greater Knoxville Lifestyle, Inc. reserves the right, in its sole discretion, to update,
revise, supplement and to otherwise modify these Terms, and to
impose new or additional terms and conditions on your use of the
Site from time to time. Such updates, revisions, supplements,
modifications and additional rules, polices, terms and conditions
(collectively referred to in these Terms as "Additional Terms") will
be effective immediately and incorporated into these Terms upon
notice thereof, which may be given by any reasonable means including
by posting to the Site. Your continued viewing or use of the Site
following such notice will be deemed to conclusively indicate your
acceptance of any and all such Additional Terms.
3. ACCEPTABLE USE OF THE SITE.
In order to use the Site, you must obtain access to the World Wide
Web directly or through devices that access web-based content and
pay any and all service fees associated with such access.
(a) Individual Use. You agree that you are only
authorized to visit, view and to retain a single copy of pages of
the Site for your own internal use and not on behalf of any other
person or entities, and that you will not duplicate, download,
publish, modify or otherwise distribute any material on the Site for
any purpose other than for your own internal use unless otherwise
specifically authorized by Greater Knoxville Lifestyle, Inc.
in writing. Greater Knoxville Lifestyle, Inc. posts legal
notices and various credits on pages of the Site, which may not be
removed even in your permitted copies. Please do not remove these
notices or credits, or any additional information contained along
with the notices and credits.
(b) Deep Links; Linking. You agree not to
"deep-link" to the Site, meaning that you will not create, post,
display, publish or distribute any link to any page other than the
front (home) page of the Site for any purpose, unless specifically
authorized by Greater Knoxville Lifestyle, Inc. in writing to
do so. If you do want to link to the Site in any manner, please
contact the Site's Webmaster at
webmaster to seek approval.
(c) Framing. You agree not to create any frames at
any other web sites pertaining to or using any of the content
located at the Site for any purpose, unless specifically authorized
by Greater Knoxville Lifestyle, Inc. in writing to do so.
(d) Security, Cracking and Hacking. You are
prohibited from violating or attempting to violate the security of
the Site. Accordingly, you agree not to: (i) access data or
materials not intended for you; (ii) log into a server or account
which you are not authorized to access; (iii) attempt to probe, scan
or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; or
(iv) attempt to interfere with service to any user, host or network,
including without limitation, by means of submitting a virus to the
Site, overloading, "flooding", "mailbombing" or "crashing" the Site.
Violations of system or network security may result in civil or
criminal liability. Greater Knoxville Lifestyle, Inc. reserves
the right to investigate occurrences which may involve such
violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who have participated in such
violations. You understand that data and communications, including
e-mail and other electronic communications, may be accessed by
unauthorized third parties when communicated over the Internet.
(e) You Are Responsible For All of Your Activities and All
of The Content You Post. You represent and warrant that any
information you post or provide to Greater Knoxville Lifestyle, Inc. by means of the Site, including, without limitation, as
part of any registration or subscription or to gain access to or use
any services offered on the Site, is truthful, accurate, not
misleading and offered in good faith. Any information disclosed to
you via the Site including, without limitation, any content, product
or configuration recommendations or product specifications, are not
offered with any warranty or representation as to accuracy,
performance or suitability for your intended purpose or compliance
with applicable law. Greater Knoxville Lifestyle, Inc. expects
that you will exercise caution, best product development practices,
best manufacturing practices and engineering oversight in using
information supplied through the Site. You agree NOT to use the Site
for or in connection with any of the following activities: (i)
transmitting or relaying spam, spoofing or otherwise impersonating
any person or entity, or falsely stating or otherwise
misrepresenting your identity or affiliation in any way; (ii) using
the Site for any fraudulent or illegal purpose; (iii) e-mailing,
uploading, or otherwise transmitting or using the Site in
furtherance of the use, distribution or transmission of any
unlawful, harassing, defamatory, tortious, libelous, sexually
explicit, obscene, hateful, racially, ethnically or otherwise
objectionable material of any kind; and (iv) transmitting material
that contains viruses, Trojan horses, worms, time bombs, cancelbots
or other computer programming routines or engines that are intended
to damage, destroy, disrupt or otherwise impair a computer's
functionality or the operation of the Site.
(f) Do Not Violate Third Party Intellectual Property Rights.
Without limiting the foregoing, you may not, and by using the Site
you agree not to, use the Site to: (i) transmit or post material
that is copyrighted, unless you are the copyright owner or have
obtained the permission of the copyright owner to transmit it; (ii)
transmit or post material that reveals trade secrets, unless you own
them or have the permission of the owner to so transmit them; or
(iii) transmit or post material that infringes on any Intellectual
Property Rights (as defined below) of others or violates the privacy
or rights of publicity of others. For purposes of these Terms, the
term "Intellectual Property Rights" means collectively, rights under
patent, trademark, copyright and trade secret laws, and any other
intellectual property or proprietary rights recognized in any
country or jurisdiction worldwide, including, without limitation,
moral rights and similar rights.
(g) Ownership. Greater Knoxville Lifestyle, Inc. will add content on the Site for you to examine
from time to time. An example of possible content includes: text,
graphics, photographs, pictures, drawings, animation, audio, video,
literature and any other material distributed by Knoxville
Lifestyle, Inc. on, through or in connection with the
Site. Moreover, Greater Knoxville Lifestyle, Inc. attempts to
display the content in a way that will be easily accessible and
useful for you, the user. All content and materials on the Site
including, without limitation, text, graphics, logos, button icons,
images, audio clips and software included in the Site and any
services offered on the Site, are the property of Knoxville
Lifestyle, Inc., its sponsors or business affiliates,
and/or their respective licensors, and are subject to U.S. and
international copyright, trademarks and other proprietary rights and
Intellectual Property Rights laws. The compilation of all content on
the Site is the exclusive property of Greater Knoxville Lifestyle, Inc. and is protected by U.S. and international copyright laws.
All software used on the Site is the property of Knoxville
Lifestyle, Inc. and is subject to U.S. and international copyright
laws. Except to the minimum extent otherwise expressly permitted
under copyright law, no copying or exploitation of material from the
Site is permitted except expressly in accordance with these Terms or
with the express written permission of Greater Knoxville Lifestyle, Inc. and any other
applicable copyright owner. You acknowledge that you do not acquire
any ownership rights by virtue of downloading copyrighted material
from the Site. All rights not expressly granted hereunder are
expressly reserved to Greater Knoxville Lifestyle, Inc.
(h) Spidering. THE USE OF ANY TOOLS, PROGRAMS,
ROBOTIC ALGORITHMS OR PRODUCTS TO AUTOMATICALLY DOWNLOAD OR "SPIDER"
THE SITE OR ANY OF THE PAGES OF THE SITE INFRINGES ON KNOXVILLE
LIFESTYLE, INC. AND/OR ITS CLIENTS' COPYRIGHTS. DO NOT
USE ANY SUCH TOOLS OR PRODUCTS ON OR IN CONNECTION WITH THE SITE!
4. WARRANTY DISCLAIMER.
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KNOXVILLE
LIFESTYLE, INC. DOES NOT WARRANT THAT ANY PART OF THE
SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION
TO OR FROM THE SITE AND ACCESS TO THE SITE WILL NOT BE INTERRUPTED,
DISCONTINUED OR ERROR-FREE. Greater Knoxville Lifestyle, INC.
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY,
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. KNOXVILLE
LIFESTYLE, INC. EXPRESSLY DISCLAIMS ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO ANY DESIGN, SUITABILITY,
CONFIGURATION, RECOMMENDATION OR CUSTOMIZATION OF ANY RECHARGEABLE
SOLUTION, DEVELOPMENT KIT, PRE-PRODUCTION PROTOTYPE, BATTERIES,
CHARGERS AND/OR POWER SUPPLIES YOU SHOULD THEREFORE VERIFY ANY
INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT.
Greater Knoxville Lifestyle, INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR
THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS,
SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR
FROM THE SITE. Greater Knoxville Lifestyle, INC. DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE
ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS OR
SERVICES WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS.
Greater Knoxville Lifestyle, INC. CANNOT BE HELD RESPONSIBLE
FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED
SERVICES NOR DOES Greater Knoxville Lifestyle, INC. MAKE ANY
REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION
YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
5. LIMITATION OF LIABILITY.
TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES
INCLUDING, WITHOUT LIMITATION, Greater Knoxville Lifestyle'S NEGLIGENCE, SHALL
Greater Knoxville Lifestyle, INC. BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION,
DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR
INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE
SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF KNOXVILLE
LIFESTYLE, INC. OR AN AUTHORIZED Greater Knoxville Lifestyle, INC. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE
TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS
SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF
COMPETENT JURISDICTION, IN NO EVENT SHALL Greater Knoxville Lifestyle,
INC.'S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU,
FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED TEN DOLLARS ($10).
FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS KNOXVILLE
LIFESTYLE, INC. AND ITS SPONSORS,
BUSINESS AFFILIATES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL
DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY
RESULTING FROM YOUR USE OF THE SITE IN VIOLATION OF THESE TERMS OR
THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY
PERSON OR ENTITY.
6.GOVERNING LAW AND ARBITRATION.
The laws of the State of Tennessee (excluding any principles of
conflicts of laws) govern your use of the Site, the services and
these Terms. You agree that the parties shall settle any claim or
dispute relating to these Terms by binding arbitration in Knoxville,
Tennessee under the Commercial Arbitration Rules of the American
Arbitration Association. To the fullest extent permitted by
applicable law, no arbitration under these Terms shall be joined to
an arbitration involving any other party subject to these Terms,
whether through class arbitration proceedings or otherwise.
NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE,
FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE
SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND
HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE
APPROPRIATE STATE OR FEDERAL COURTS NEAREST Greater Knoxville Lifestyle,
INC.'S PRINCIPAL PLACE OF BUSINESS (CURRENTLY KNOXVILLE,
TENNESSEE).
7. WAIVER AND SEVERABILITY.
Furthermore, no delay or omission by Greater Knoxville Lifestyle, Inc. to exercise any right or any noncompliance on your part
with respect to the Terms shall impair any such right or be
construed to be a waiver by Greater Knoxville Lifestyle, Inc.
If any provision of the Terms is found by a court of competent
jurisdiction to be invalid or unenforceable in whole or in part,
such provision shall, as to such jurisdiction, be ineffective to the
extent of such invalidity or unenforceability without in any manner
affecting the validity or enforceability thereof in any other
jurisdiction or the remaining provisions hereof in any jurisdiction,
provided, however, if such invalid or unenforceable provision may be
modified so as to be valid and enforceable as a matter of law, such
provision will be deemed to have been modified so as to be valid and
enforceable to the maximum extent permitted by law.