Terms of Use

Thank you for visiting our website and for reviewing our terms of use. These terms were last updated on September 15, 2005.

Acceptance of Terms

We make available for your use on this website (the “Site”) information, documents, software, and products (collectively, the “Content”) and various services (the “Services”), subject to the terms and conditions set forth in this document (the “Terms of Use”). By accessing the Site, you agree to the Terms of Use. We reserve the right to change the Terms of Use from time to time at our sole discretion without notice. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. There may be additional terms and conditions relating to your use of certain portions of the Site. If you use these other portions of the Site, you will also be bound by those other terms and conditions. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Content downloaded or printed from the Site.

Intellectual Property Rights

All copyrights, trademarks, service marks, logos and other intellectual property rights in the Site, any Content, and any Services are owned by and shall at all times remain our property and/or the property of third parties. WE DO NOT grant any express or implied right to you under any patent, copyright, trademark or other intellectual property right with respect to the Site, the Content, or the Services. You may only use such intellectual property as specifically authorized by these Terms of Use. You grant us permission to use on the Site or in connection therewith all comments, graphics, ideas, and other information you provide to us through the Site, email, or other means.

Copies

Except as specifically authorized by these Terms of Use, no portion of the Content may be reproduced, displayed, distributed, stored, or used in any form or by any means without our prior written consent.

Content

You may view, download, and print the Content subject to the following conditions:

  • The Content may be used solely for your personal, informational, internal, and noncommercial purposes.
  • The Content may not be modified or altered in any way.
  • The Content may not be distributed.
  • You may not remove any copyright or other proprietary notices contained in the Content.
  • We reserves the right to revoke your authorization to view, download, and print any Content at any time, and you must discontinue any such use immediately upon written notice from us.
  • The rights granted to you in these Terms of Use constitute a revocable, non-exclusive, personal, non-transferable license and NOT a transfer of title.

Notwithstanding, the foregoing elements of the Site (including without limitation its design and layout) are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Use and Protection of Account ID and Password

Should the Site include an account ID or password, you are responsible for maintaining the confidentiality of your account ID and/or password, if applicable. You are responsible for all uses of your account, whether or not you actually or expressly authorize them.

WARRANTIES AND DISCLAIMERS THE SITE, ALL CONTENT AND ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (i) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION THAT YOU PURCHASE OR OBTAIN FROM THE SITE WILL MEET YOUR EXPECTATIONS, (v) DEFECTS IN THE CONTENT OR THE SITE WILL BE CORRECTED OR (vi) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE. TO THE EXTENT PERMISSIBLE BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The downloading or other acquisition of any Content or Services through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other damage or loss that results from any such downloading or acquisition. No advice or information, whether oral or written, that you obtain from us or through or from the Site will create any warranty not expressly stated in these Terms of Use.

The Site contains links to third-party internet sites not under our control. We makes no representations whatsoever about any other website to which you may have access through the Site. When you access a website other than the Site, you do so at your own risk, and we are not responsible for the accuracy or reliability of any information, data, opinion, software, advice, content, or statements contained on these internet sites or for the quality of any products or services available on these internet sites. We provide these links merely as a convenience and the inclusion of such links does not imply that we endorse, recommend, or accept any responsibility for the content or use of these internet sites.

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SITE OR ANY OTHER MATTER RELATING TO THE SITE, THE CONTENT, THE SERVICES, OR ANY INTERNET SITE REFERENCED OR LINKED TO FROM THE SITE (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS), WHETHER OR NOT WE COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Your Information

Refer to our Privacy Policy posted on the Site to learn how we protect your personal information. To the extent you provide any information to us while using the Site, you represent and warranty that all such information is accurate and complete in all respects.

Termination and Modification

We may modify or terminate the Site, any Content and any Services, including without limitation the prices and descriptions of any products or Services listed on the Site, at any time without notice. The Content or Services may be out of date, and we make no commitment to update any Content or Services.

Inappropriate Behavior

Any of the following may result in your suspension or permanent expulsion from the Site. The sole test of whether or not you have engaged in such behavior is at our own discretion. Certain behaviors also may result in criminal or civil action.

  • Use of vulgar or offensive language, including in your username or email address.
  • Perpetration of illegal, abusive, or unethical activity.
  • Threat of physical violence.
  • Threat of destruction of property.
  • Harassment of any person.
  • Making any racially, sexually, or otherwise offensive comment.
  • Distribution of obscene material or use of obscene or sexually suggestive language.
  • Violation of privacy, including without limitation the involuntary public disclosure of a third party’s phone number, mailing or email address, or other personal or private information.
  • Defacement of any part of the Site.
  • Hacking, the deliberate distribution of a computer virus, or any access or attempt to access other areas of any computer equipment on which the Site is located or other information contained on such computer equipment for any purpose.
  • Gambling or promotion of gambling.
  • Infringement of the intellectual property or other proprietary rights of any party.

Indemnity

You agree to indemnify and hold us harmless, as well as our subsidiaries, affiliates, officers, agents, affiliates, co-branders, and employees, from and against any cost, expense, indebtedness, liability, loss, claim, or demand, including without limitation reasonable attorneys’ fees and disbursements, arising out of content you submit, post to, or transmit through the Site, your use of the Site or any Content or Services, your connection to the Site, your violation of these Terms of Use, or your violation of any of our rights or the rights of any other individual or entity.

Notices

You may send us notices via the contact information on this page. Any notice will be effective upon actual receipt by us. We may send notices to you through email, regular mail, or a posting on the Site. Any such notice will be effective upon actual receipt by you in the case of email or regular mail or upon posting on the Site.

Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Tennessee, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Knox County, Tennessee, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. We make 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 volition and are responsible for compliance with applicable local laws.