TERMS OF AGREEMENT
1. Important! This Is A Binding Legal Agreement (This "Agreement"). Please Read These Terms And Conditions Of Use Carefully Before Using This Site.
2. Terms. These Terms govern use of the jacksonmountain.com website and all pages within that domain as well as the following domains, of which, Jackson Mountain Homes, Inc. owns an interest in. jacksonmountain.biz, jacksonmountain.info, jacksonmountain.net, jacksonmountain.us, jacksonmountain.ws, jacksonmountaincabins.com, jacksonmountainhome.com, jacksonmountainhomes-gatlinburgtncabinchaletcondorentals.com, jacksonmountainhomes.com, jacksonmountainlogcabins.com, jacksonmountainre.com, jacksonmountainrealestate.com, jacksonmtn.com, mountaincabinsonline.com, mountaincabinonline.com, cabin-gatlinburg.com, cabinpetfriendly.com, cabinspetfriendly.com, smokymountain-cabin.com, smokymountainparkcabin.com, smokymountainparkcabins.com, stayinthemountains.org, flyfishinggatlinburg.com, gatlinburg-mountain-cabin.com, gatlinburg-mountain-cabins.com, gatlinburgadventure.com, gatlinburgcabin-chalet.com, gatlinburgcabinsandchalets.com, gatlinburgconcierge.com, gatlinburgfishing.com, gatlinburgflyfishing.com, gatlinburgmountaincabin.com gatlinburgmountainhome.com, gatlinburgmountainhomes.com, gatlinburgparkcabin.com, gatlinburgparkcabins.com, gatlinburgpetfriendly.com, gatlinburgre.com, gatlinburgvacationrental.com
3. It applies to all persons who use this website. By accessing, browsing and/or using this site ("Site"), users are deemed to have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations that are applicable to your use of this website. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR FURTHER ACCESS ANY PART OF THIS WEBSITE.
4. Website Control. This website is controlled and operated by Jackson Mountain Homes, Inc., Gatlinburg Tennessee Vacation Rentals & Real Estate, P.O. Box 110 Gatlinburg, Tennessee 37738-0110. Office: (865) 436-8876 FAX: (865) 436-8885. This Site is controlled and operated by Jackson Mountain Homes from its offices within the United States. Jackson Mountain Homes makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Tennessee and must be brought in the state or federal courts with jurisdiction and venue over transitory or local actions within Sevier County, Tennessee.
5. Legal Authority. The Site may be used only by individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors as defined by Tennessee law. Use of the website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA").
6. Copyright and Trademark Interests. All content on this website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights. Our rights are protected and governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Jackson Mountain Homes or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only. No one may, without Jackson Mountain Homes’ written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The following is a List of Trade and Service Marks in which we Claim an Ownership Interest:
a. The phrase “Relax – Live – Explore – Enjoy” (including the words sequence, and as superimposed on recreational type pictures).
b. The phrase “Enjoy / Explore / Live” (including the words sequence, and as superimposed on recreational type pictures).
c. The images and writing shown in Figure 1 and 2:
d. We take your vacation personally. etc. [all other logos, phrases]
|Figure 1||Figure 2|
8. Accuracy. The Site and the materials located on or through the Site are provided by us for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of legal, professional or other advice or service. The information contained in or through the Site is based upon sources believed to be accurate and reliable; and we have exercised reasonable care to assure the accuracy of the information. However, we make no representation or warranty as to such accuracy. You should consult your own attorney or other appropriate professional for advice concerning the terms and conditions of this Agreement and/or compliance with any legal requirement.
9. Provided Information. Any material, information or idea transmitted to or posted on this Site will be treated as non-confidential and non-proprietary, and may be disseminated or used by Jackson Mountain Homes for any purpose whatsoever. Jackson Mountain Homes shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. Notwithstanding the foregoing, all personal data provided to Jackson Mountain Homes will be handled in accordance with Jackson Mountain Homes privacy practices. No one may post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
10. Accurate and Complete Information. Users must provide true, accurate and complete user information. No user may impersonate or falsely represent their identity or affiliation. Jackson Mountains Homes has the right to take any appropriate action, including cancellation of a reservation, if inaccurate or incomplete information is provided.
11. Hyperlinks. Except as allowed in our owner agreement anyone may hyperlink to “www.jacksonmountain.com”. No hyperlink to any part of this website may state or imply that it is an endorsement by Jackson Mountain Homes. We reserve the right to disable links from any third party sites to the Site. Jackson Mountain Homes explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to this Site.
12. Using the Links We Provide. For the convenience of our users, our website contains links to websites not managed or controlled by Jackson Mountain Homes. These sites are provided for convenience and information only. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site.
13. Indemnity, Injunction, and Breach. You agree to indemnify, defend, and hold harmless Jackson Mountain Homes and our officers, directors, employees, affiliates, agents, licensors, and suppliers, including, but not limited to Visual Data Systems, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms. Any violation will create a likelihood of irreparable harm to Jackson Mountain Homes for which a court may grant an injunction requiring you to immediately cease the violation(s). Whether or not it seeks or obtains an injunction, Jackson Mountain Homes has the right to seek any and all damages, costs, and attorneys' fees that may be provided by law, includes, among other remedies, treble damages for copyright, trademark infringement or for type of unfair competition.
15. Disclaimer of Warranties
- ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS." OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY APPLICABLE LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, JACKSON MOUNTAIN HOMES DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- NEITHER JACKSON MOUNTAIN HOMES NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- USE OF THIS WEBSITE IS AT THE USERS’ SOLE RISK. JACKSON MOUNTAIN HOMES WILL NOT ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY USER’S COMPUTER SYSTEM. NEITHER JACKSON MOUNTAIN HOMES, NOR ITS EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE.
- SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, JACKSON MOUNTAIN HOMES'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ANY CLAIM OR ACTION RELATED TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
16. Digital Millennium Copyright Act Notice. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. Notification must be submitted to the following Designated Agent:
- Service Provider(s): Jackson Mountain Homes
- Name of Agent Designated to Receive Notification of Claimed Infringement: AJ Bland
- Full Address of Designated Agent to Which Notification Should be Sent: Jackson Mountain Homes, Inc., Gatlinburg Tennessee Vacation Rentals & Real Estate, P.O. Box 110 Gatlinburg, Tennessee 37738-0110.
- To be effective, under Title 17, United States Code, Section 512(c)(3), the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright 2010 Jackson Mountain Homes, Inc.