Terms of Service
CONDITIONS OF USE
Welcome to our online store! Smoky Mountain Glass and our associates provide our services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.
ONLINE STORE ITEMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
ELECTRONIC COMMUNICATIONS
When you visit Smoky Mountain Glass or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Smoky Mountain Glass or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Smoky Mountain Glass, with copyright authorship for this collection by Smoky Mountain Glass, and protected by international copyright laws.
TRADE MARKS
Smoky Mountain Glass’s trademarks and trade dress may not be used in connection with any product or service that is not Smoky Mountain Glass’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Smoky Mountain Glass. All other trademarks not owned by Smoky Mountain Glass or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Smoky Mountain Glass or its subsidiaries.
LICENSE AND SITE ACCESS
Smoky Mountain Glass grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Smoky Mountain Glass. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Smoky Mountain Glass. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smoky Mountain Glass and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Smoky Mountain Glass’s name or trademarks without the express written consent of Smoky Mountain Glass. Any unauthorized use terminates the permission or license granted by Smoky Mountain Glass. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Smoky Mountain Glass so long as the link does not portray Smoky Mountain Glass, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Smoky Mountain Glass logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may not legally use our website, products, or other associations. Smoky Mountain Glass and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COMMENTS, EMAILS, AND OTHER CONTENT
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Smoky Mountain Glass reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Smoky Mountain Glass and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Smoky Mountain Glass and its associates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Smoky Mountain Glass or its associates for all claims resulting from content you supply. Smoky Mountain Glass has the right but not the obligation to monitor and edit or remove any activity or content. Smoky Mountain Glass takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Smoky Mountain Glass are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. While any broken or defective items will be replaced or refunded on a case by case basis as long as the claims are made within the lines of our return and shipping policies, we do not have a legal obligation to do so.
PROHIBITED USES
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
PRODUCT DESCRIPTION
Smoky Mountain Glass and its associates attempt to be as accurate as possible in our product descriptions and pictures. However, Smoky Mountain Glass does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Smoky Mountain Glass itself is not as described, please contact us and return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by smoky mountain glass on an "as is" and "as available" basis. Smoky mountain glass makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, smoky mountain glass disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Smoky mountain glass does not warrant that this site, its servers, or e-mail sent from smoky mountain glass are free of viruses or other harmful components. Smoky mountain glass will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Smoky Mountain Glass and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
APPLICABLE LAW
By visiting Smoky Mountain Glass, you agree that the laws of the state of North Carolina and the United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Smoky Mountain Glass or its associates. Depending on your location, local and state laws may change these conditions and responsibilities.
DISPUTES
Any dispute relating in any way to your visit to Smoky Mountain Glass or to products you purchase through Smoky Mountain Glass shall be submitted to confidential arbitration in North Carolina, United States, except that, to the extent you have in any manner violated or threatened to violate Smoky Mountain Glass’s intellectual property rights, Smoky Mountain Glass may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina, United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns and Privacy policies, posted on this site. These policies also govern your visit to Smoky Mountain Glass. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
QUESTIONS
Questions regarding our Conditions of Usage, Privacy Policy, Shipping and Returns, or other policy related material can be directed to our staff by clicking on the "Contact Us" link. Or you can email us at: info@smokymountainglass.com