Agreement and General Terms
- Please read this Agreement carefully. This User Agreement (“Agreement”) governs the use of the Smoky Mountain Resorts (“SMR”) web sites and services (“Service” or “Site”); including but not limited to: smokymountainrewards.com .
- You as a user who accesses or establishes a connection (“User,” “You,” or “Your”) to the SMR web site must comply with all provisions of this Agreement. Your use of the Site will constitute Your agreement to abide by these rules. You are solely responsible for Your use of the Site and for ensuring that Your use complies fully with the provisions of this Agreement.
- SMR reserves the right, in its sole discretion to change, add or remove portions or all of this Agreement at any time. Any changes to this Agreement are effective immediately. Continued access of the Site by You will constitute Your acceptance of any changes or revisions to the Agreement.
- SMR may change, limit, suspend or discontinue any aspect, content or feature of the Site or restrict your access to parts or all of the Service without notice or liability.
- IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE DISSATISFIED WITH THE SITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, YOUR SOLE REMEDY IS TO STOP USING THE SITE.
Use of the Site by You
- All material published on the Site, including but not limited to articles, photographs, images, illustrations, video clips, audio clips and directories (collectively, “Content”) is for Your personal use only.
- You will use the Site solely for lawful, non-commercial purposes.
- You agree not to disrupt or interfere with the Service, nor to alter or tamper with any information or materials on or associated with the Service.
- You agree that You have read and accepted the terms of the Copyright Policy.
- You agree that You have read and accepted the terms of the Third Party Link Policy.
- You assume total responsibility and risk for your use of this Site.
Disclaimer of Warranties & Limitation of Liability
- Neither SMR nor its affiliates, officers, owners, employees, agents, third party content providers, licensors, licensees or sponsors (collectively, “Affiliates”) are responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages.
- A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the site. In the event that such an inaccuracy arises, please inform us so that it can be corrected.
- Neither SMR nor its Affiliates represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at Your sole risk.
- The site is provided “AS IS,” and SMR and its Affiliates hereby expressly disclaim any and all warranties, expressed or implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation.
- SMR and its Affiliates do not represent or warrant that access to this site will be uninterrupted or that there will be no failures, errors, omissions or loss of transmitted information, or that no viruses will be transmitted on the site.
- You acknowledge that You are using this site AT YOUR OWN RISK.
- You agree to defend, indemnify and hold harmless SMR and its Affiliates from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this Agreement. SMR reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
- This Agreement and any posted rules (including but not limited to Copyright, Third Party Links and Privacy Policies) on the Site established by SMR constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either SMR or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of SMR and its successors, trustees, and permitted assigns. SMR may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you.
- All materials published on this Site, including but not limited to articles, photographs, images, illustrations, video clips, audio clips and directories (“Content”) is for Your personal use only.
- This Site, its Content, its source code and domain names are protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and may not be copied without the express written permission of the owner.
- You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, found on the Site.
- You may download copyrighted Content solely for Your personal use, but will make no other use of the Content without the express written permission of SMR or the party credited as the provider of the Content.
- You will not make any changes to any Content that you are permitted to download under this Agreement, and in particular You will not delete or alter any proprietary rights or attribution notices in any Content.
- No intellectual property or other rights in and to this Site or Content are transferred to you.
- You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
Document Use Policy
- Anyone can link to this Site, but none of the Content of SMR’s sites may be placed in a “frame”. Also any link to an SMR site should not imply a relationship to SMR or endorsement by SMR.
Third Party Links Policy
- This Site contains links to other World Wide Web sites, resources, and sponsors operated by third parties.
- You acknowledge that SMR and its Affiliates neither endorse nor are affiliated with the linked site and are not responsible for any content that appears on the linked site or for the availability of these outside resources.
- You also acknowledge that the owner of the linked site neither endorses nor is affiliated with SMR or its Affiliates.
- These links are provided only as a convenience to You.
Collection of Your Personal Information
- SMR may gather broad demographic information to administer our Web site, such as your IP address, the type of browser you are using, your operating system, the referring page, etc.
- SMR web sites may utilize “cookie” technology. Cookies are small pieces of data stored locally on your computer allowing SMR to track your use of our website as you visit and revisit our site. Cookies may also be used to hold temporary data during the process of of making a reservation or other purchase. You may choose to block cookies through your web browser’s settings, but be advised that certain features of the SMR web site may not work properly without them.
- SMR does collect personally identifiable information about individuals when specifically and knowingly provided by such individuals. If you do not wish your personally identifiable information to be collected, please do not submit it.
- SMR will not knowingly divulge any information we may collect, except as required by law.
Use of Your Information
- It is the policy of SMR not to sell, share, transfer or rent to third parties any information you provide to SMR without your written consent except as required by law; however SMR may share your personal information with certain third parties without your consent in order to further the purpose for which you voluntarily provided the information.
- This site contains links to other sites. We are not responsible for the privacy practices or the content of such web sites.
- Your email address may be required for correspondence regarding reservations, inquiries and other communications. We do not share our mailing lists with any third parties. SMR does send free electronic newsletters, updates, reminders, and confirmations, etc. You can always opt out of any e-mail we send you simply by following the instructions that appear at the bottom of the e-mail message in question.