Terms & Conditions
This website is owned, maintained and operated by Smoky Mountain Growlers, an LLC with its principal place of business at 128 Eladi Trail, Vonore, TN 37885. Any visitor is welcome to the Smoky Mountain Growlers website; however, each visitor agrees to be bound by the following Terms and Conditions of Use by accessing the site. IF YOU DO NOT AGREE TO BE SO BOUND BY THESE TERMS AND CONDITIONS, EXIT THIS WEBSITE IMMEDIATELY.
TERMS AND CONDITIONS OF WEBSITE USE
1. Restrictions on Use of Downloaded Material: Use of any materials found on the Smoky Mountain Growlers website is limited to your private, personal, non-commercial use. You may download content of this website for your private, personal, non-commercial use only. You may not, however, (1) distribute, transmit or otherwise use for any commercial purpose any such contents on or off line; (2) modify, reuse or repost the contents; (3) remove markings on the materials contained herein which provide notice of Smoky Mountain Growlers copyright, trademark, trade dress, patent or other intellectual property rights; (4) use any of the materials or contents of this website for any unauthorized public purpose.
2. Rights in Contents of This Website: The entire contents of this website are copyrighted and owned by Smoky Mountain Growlers, LLC and, as such, are protected by copyright in the domestic United States and overseas by domestic and foreign laws and treaties. Other items, including product names, domain names and Smoky Mountain Growlers slogans, logos or otherwise, are the subject of common law or federally registered trademark law. You do not acquire any ownership rights to any content in the Smoky Mountain Growlers website by usage. A visitor may not use these copyrighted or trademarked materials except in accordance with these "Terms and Conditions." Any unauthorized use, except in accordance with these Terms and Conditions, may constitute infringement and may be actionable by law. Certain items on the website may be owned and copyrighted or trademarked by third parties and are used by Smoky Mountain Growlers with their permission. These same Terms and Conditions apply to those items as well. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary data (including images, text, page layout, or form) of Smoky Mountain Growlers without its express written consent.
3. Domain Names and Smoky Mountain Growlers Trademarks: The Smoky Mountain Growlers name as well as other items expressly marked as Smoky Mountain Growlers trademarks are protected by common law and state and federal trademark law. Any unauthorized use of same, including their use by any unlicensed third party as a domain name or internet address, is strictly prohibited, constitutes infringement, and may be actionable by law. You may not use meta tags or any other "hidden text" utilizing Smoky Mountain Growlers name or trademarks without the express written consent of Smoky Mountain Growlers. You may not use any Smoky Mountain Growlers logo or other proprietary graphic or trademark as part of any link without express written permission.
4. Warranty Information: THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Smoky Mountain Growlers uses reasonable efforts to include accurate and up-to-date information on its website. However, we make no warranties or representations as to the accuracy of the information and assume no liability or responsibility for any errors or omissions in the contents of this site or for out dated or inaccurate information. Smoky Mountain Growlers does not warrant its website will function without interruption or is free of viruses or other materials which could harm your computer. To the fullest extent permitted by applicable laws, Smoky Mountain Growlers and its employees, agents, suppliers, and contractors WILL NOT BE LIABLE FOR claims, charges, demands, damages, liabilities, losses, and expenses OF ANY KIND, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SMOKY MOUNTAIN GROWLERS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Non-Liability for Linked Sites: Visitors to the Smoky Mountain Growlers website may from time to time be permitted to access Links which would permit them to visit third party websites. Such links are provided to our customers as a convenience only. These sites are not owned or controlled by Smoky Mountain Growlers and Smoky Mountain Growlers assumes no responsibility for their content or liability for their use. If you visit any such website, you do so at your own risk.
6. No Solicitation or Offer: Smoky Mountain Growlers has designed this website in order to provide general information about it and its products. The information found on Smoky Mountain Growlers website is not intended to constitute an offer to sell or a solicitation of any particular product or service. Furthermore, information regarding pricing and availability of any Smoky Mountain Growlers product as may from time to time be set forth in its website are subject to change without notice, and may not be available in all locations where Smoky Mountain Growlers does business.
7. Forwarding Looking Statements: Any statements contained within this website concerning Smoky Mountain Growlers future business prospects are "forwarding looking statements" under the appropriate state and federal law. There can be no assurance that stated future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained on the Smoky Mountain Growlers website.
9. Communications with Smoky Mountain Growlers via the Website: Visitors to the Smoky Mountain Growlers website are encouraged to submit comments so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Such comments might include feedback and suggestions about our products and services and the website. Any such submissions must not contain software viruses, mass mailings, or any form of "spam." Likewise, one may not use a false e-mail address or impersonate any person or entity which would mislead as to the origin of the information. It is understood and agreed to by any submitting party that you grant Smoky Mountain Growlers a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media and that the information provided is accurate; you own or have permission to submit same; and that use of the content will not cause injury to any person or entity. Further, Smoky Mountain Growlers is free to use any ideas, concepts, know-how, techniques, and suggestions submitted pursuant to these terms and conditions for any purpose whatever, including but not limited to creating and marketing products and/or services using such information.
10. Intellectual Property:
Patent Information Smoky Mountain Growlers owns and extensive estate of United States and foreign patents that apply to its products as may be displayed within the site.
Copyright Information This website and its content are the sole and exclusive property of Smoky Mountain Growlers and/or its suppliers and are protected by United States copyright laws and international treaty provisions. Smoky Mountain Growlers reserves all rights in the site and its content not specifically granted in any separate written agreements or under these Terms and Conditions.
Copyright Complaints Smoky Mountain Growlers respects the intellectual property of others. If you believe that Smoky Mountain Growlers is in violation of a copyright owned by you, please submit notice of your claim to the following:
Smoky Mountain Growlers, LLC
128 Eladi Trl
Vonore, TN 37885
Trademark Information The Smoky Mountain Growlers name and other marks and/or product names used on this site are the common law or registered trademarks of Smoky Mountain Growlers, LLC in the United States and/or other countries. Other Smoky Mountain Growlers marks, graphics, logos, page headers, button icons or scripts used on the website are Smoky Mountain Growlers service marks, trademarks and trade dress and are the sole and exclusive property of Smoky Mountain Growlers, LLC and may not be used in any manner that is likely to cause confusion among its customers or cause disparagement to Smoky Mountain Growlers. A complete list of Smoky Mountain Growlers trademarks may be viewed upon request. Trademarks not owned by Smoky Mountain Growlers that may from time to time appear on this website are the property of their respective owners and are attributed as such.
11. Applicable Law: These Terms and Conditions shall be interpreted in accordance with the law of the Commonwealth of Tennessee. Conflict-of-laws principles shall not apply to the contrary. If any section or clause of the Terms and Conditions is deemed unenforceable by a court of competent jurisdiction, the remainder of the Terms and Conditions shall be in effect.
12. Export Restrictions: No software or other downloadable materials from this website may be downloaded or exported to Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the United States has embargoed goods, nor to a national or resident of any such country.
13. Reservation of Rights: Rights not expressly granted or otherwise addressed under these Terms and Conditions are reserved by Smoky Mountain Growlers.
14. Terms & Conditions Subject to Change: Smoky Mountain Growlers reserves the right to change these Terms and Conditions at any time. All users are bound these changes. Visitors should periodically check updated postings of these Terms and Conditions.