This website is owned and operated by Hiwassee Angler, LLC or one or more of its affiliated companies (collectively, "Hiwassee Angler”, “we”, or “us”). These terms and conditions (“Terms”) apply to the following websites (referred to individually as "Site"):
IF YOU DO NOT UNDERSTAND OR ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS YOU MUST STOP ACCESSING AND USING THE SITE.
Site Content, Services and Software
Through this Site, Hiwassee Angler may make available to you: (a) certain Content; and (b) various services and functionality (collectively, "Services").
Hiwassee Angler and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Content; and (b) use the tools and software on the Site (collectively, "Software") solely for your personal, non-commercial use. In these Terms, all references to the "Site" shall be deemed to include all "Software," "Content" and "Services," unless otherwise expressly indicated. All rights not expressly granted by Hiwassee Angler to you are retained by Hiwassee Angler, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Hiwassee Angler or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) download or copy Account information for the benefit of another merchant; (i) use any data mining, robots, or similar data gathering and extraction tools; or (j) use any meta tags or any other "hidden text" utilizing Hiwassee Angler's name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to Hiwassee Angler by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Hiwassee Angler.
Failure of a mark to appear on this page does not mean that we do not use or own that mark. Our trademarks cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hiwassee Angler. All other trademarks not owned by Hiwassee Angler 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 Hiwassee Angler.
Hiwassee Angler and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.
Site Access, Registration, and Passwords
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Site, you may be required to register with Hiwassee Angler and select a password and screen name ("User ID"). You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a User ID and domain in its sole discretion.
You are solely responsible for the security of online access to this Site, including access to any user account ("Account"), and you must take precautions to protect the confidentiality of your password and User ID. You should not share your password or User ID with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your Account and for ensuring that you receive a confirmation for all transactions placed for your Account.
You should contact us immediately if you suspect unauthorized use of your password or User ID, or any other unauthorized activity on your Account. You must exit fully out of your Account at the end of each session. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or User ID, and for any charges or fees incurred by the use of that password and/or User ID, including any use you may subsequently contend was not authorized by you. We may justifiably assume that any orders or instructions received through any electronic systems and placed under your Account or password were placed or authorized by you.
In certain portions of the Site, users may be allowed to submit information, data, text, software, messages, and/or other materials (individually and collectively, "User Content"). All User Content is the sole responsibility of the person by whom the User Content was posted. This means that you, and not us, are solely responsible for all User Content that you upload, post, transmit or otherwise make available through or on this Site. You are also solely responsible for all User Content posted under your Account. Hiwassee Angler does not control the User Content posted on or through this Site and, therefore, Hiwassee Angler does not guarantee the accuracy, integrity or quality of such User Content. You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post; (ii) that the User Content is accurate; (iii) use of the User Content you supply does not violate this policy; (iv) the User Content does not infringe any intellectual property or other rights of any third party and does not violate any applicable laws or regulation; and (v) the User Content will not cause injury to any person or entity.
Should User Content be deemed illegal, Hiwassee Angler will cooperate with the proper authorities, including but not limited to submitting all necessary information to them. If we determine, in our sole discretion, that any User Content submitted by you is offensive or inappropriate, we may ask you to retract or modify the User Content in question. If you fail to meet our request within the time specified, then we may terminate your Account. We have no obligation, however, to restrict or monitor User Content in any way.
You may see or read things that you do not like or agree with on our Site. You understand that by using our Site, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available through our Site.
You are solely responsible for any use or reliance on the User Content, including on its accuracy, completeness, or usefulness. You acknowledge that we do not have any obligation to pre-screen User Content, although we reserve the right (but not the obligation) in our sole discretion to refuse or remove any User Content that is available through our Site. Without limiting the foregoing, we and our designees shall have the right to remove any User Content that violates these Terms or any other applicable policy or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
We do not claim ownership of the User Content you upload, place or post through this Site. You are responsible for protecting your rights in such User Content and are not entitled to our help in protecting such User Content. By uploading, placing or posting User Content through this Site, you grant Hiwassee Angler a perpetual, irrevocable, world-wide, royalty-free, non-exclusive and fully sublicensable license to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, and create derivative works from the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed, for any purpose associated with the Site. You grant Hiwassee Angler and its sub-licensees the right to use the name that you submit in connection with such User Content, if Hiwassee Angler chooses.
Your ability to use this Site and contribute to discussions depends on your compliance with community standards and the conduct guidelines set forth in these Terms, including the section "User Content," above. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.
The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to:
- upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, any of our employees, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted, transmitted or otherwise made available through the Site;
- upload, post or otherwise transmit any Content that you do not have a right to upload, post or otherwise transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- upload, post, or otherwise transmit unsolicited commercial email or "spam,” including unethical marketing, advertising, "chain letters" or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
- upload, post or otherwise transmit any material that contains software viruses, Trojan horses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device;
- interfere with or disrupt the Site, servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- "stalk" or otherwise harass another;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, which may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
- offer for sale or sell any item, good or service through our Site;
- use the Site as a forwarding service to another website;
- allow usage by others in such a way as to violate these Terms or any other applicable policy;
- take any steps to interfere with or in any manner compromise any of our security measures;
- use the Site for fraudulent purposes;
- harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
- sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, or password, including, without limitation, on or through the use of any third party website or service;
- copy the Site or any portion thereof (other than as provided under United States copyright laws) or remove any proprietary notices from this Site;
- cause, permit or authorize the modification, creation of derivative works, or translation of this Site without our express permission;
- attempt to decompile, reverse engineer, disassemble, modify or hack this Site or to defeat or overcome any encryption and/or digital rights management technology implemented by us with respect to this Site and/or data transmitted, processed or stored by us or this Site; or use this Site for any commercial purpose or for the benefit of any third party or in any manner not permitted by this policy, or otherwise exceed the scope of our services that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use).
Product Information and Pricing
All prices for products on our Site are listed in U.S. Dollars. The prices and availability of products are subject to change without notice. If Hiwassee Angler discovers an error in either pricing or availability it will seek to correct it. Hiwassee Angler reserves the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
By ordering an item on the Site, you are agreeing to purchase the products selected. Your payment for the products ordered is due at the time you submit your order. When you submit your order, Hiwassee Angler will immediately charge your credit card for the products.
All online sales of products are final (except where prohibited by law), unless otherwise determined by us. If you do not receive the products or otherwise have an issue with the products delivered, please contact us with your request and proof of payment, and we will attempt to resolve your issue. At our sole discretion, you may be credited or refunded for the products.
Your total price for products will include the price of the product plus any applicable sales tax; such sales tax is based on your location and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states or countries where such products are taxable.
You warrant that if you enter into a transaction, then you shall be able to make full and immediate payment for the requested products or services.
We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms. You acknowledge that by providing you with the ability to post information on this Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on this Site.
Third Party Information
Please be aware that when you are on the Site, you could be directed to other sites that are beyond Hiwassee Angler's control. Hiwassee Angler is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Hiwassee Angler reserves the right to terminate any link or linking program at any time. Hiwassee Angler provides such links only as a convenience to you. Hiwassee Angler has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.
Hiwassee Angler may provide you information from third parties as part of this Site. Unless expressly stated, Hiwassee Angler does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that Hiwassee Angler is not responsible for third party information accessible through this Site, including opinions, advice, statements, recipes or other health and wellness information and advertisements, and that you use such information at your own risk. Please consult with your doctor before starting a new diet, fitness or supplement regimen.
Third Party Service Providers
Hiwassee Angler may use third party service providers to help develop and maintain this Site, to provide specific services offered through this Site, and to help service your Account. You agree that the terms and conditions set forth in these Terms, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by Hiwassee Angler. All references to Hiwassee Angler are deemed to include its agents and service providers. All agents and service providers of Hiwassee Angler will be authorized to use your personal information only for the purpose for which they are hired.
Hiwassee Angler operates this Site from its office within the United States. Hiwassee Angler makes no representation that content and materials on this Site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING ALL CONTENT, SERVICES, SOFTWARE, AND OTHER INFORMATION AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY HIWASSEE ANGLER "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE HIWASSEE ANGLER, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND HIWASSEE ANGLER MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES. HIWASSEE ANGLER ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, CONTENT, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ALTHOUGH HIWASSEE ANGLER MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. HIWASSEE ANGLER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL HIWASSEE ANGLER, ITS AFFILIATES, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.
HIWASSEE ANGLER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF HIWASSEE ANGLER'S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.
You agree to indemnify, defend, and hold harmless Hiwassee Angler, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, harmless from any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your User Content, your use of this Site, your connection to this Site, your violation of these Terms or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms, whether you are a registered user or not. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.
Termination and Modification
Hiwassee Angler may terminate your access to this Site at any time and for any reason without prior notification. Additionally, Hiwassee Angler may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms or under any other applicable policy without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account, as applicable, and all related information and files. We reserve the right to bar any further access to such files and this Site. You agree that we will not be liable to you or any third-party for any termination of your Account or access to this Site. Provisions that survive termination of these Terms are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.
Applicable Law, Severability and Waiver
In order to ensure consistency in the interpretation and enforcement of these Terms and Hiwassee Angler' rights in the Site, these Terms will be governed exclusively by Tennessee law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and Hiwassee Angler related, in any way, to the Site and/or these Terms, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the Circuit Court for Bradley County, Tennessee or the United States District Court for the Eastern District of Tennessee. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms shall remain in full force and effect.
The failure of Hiwassee Angler to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hiwassee Angler in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms.
Social Network Accounts
In the event Hiwassee Angler determines to enable social networking functionality on the Site, you must register and open an Account with us to use such social networking functionality. By opening an Account with us, you promise not to: (a) select or use the identity of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; (c) use an identity that we, in our sole discretion, deem inappropriate or offensive; or (d) breach any representation, warranty or promise made by you in this policy regarding your Account.
Those features requiring registration are intended for adults who are at least 13 years of age and have reached the age of majority under applicable law. In consideration for your use of these features, you represent that you are of legal age to form a binding contract and are legally able to receive services under the laws of the United States. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration form, and (b) maintain and promptly update your Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of our Site and its related services. Please keep in mind that registering an Account for certain features of our Site may require the submission of information such as your email address or mailing address.
By becoming a user of the social networking features on our Site, certain profile information about you will automatically be displayed, posted, and visible to all members of and visitors to the Site. You can change how this information is displayed though your Account settings. By using our Site, you consent to Hiwassee Angler' display, disclosure and use of your information and Content as set forth above and you agree to use caution and care in evaluating and selecting your Account settings and information before using this Site and posting any information to it. You, your heirs, executors, administrators and assigns agree not to hold us liable for any and all claims, liabilities and/or damages of any kind whatsoever that arise out of or relate in any way to your interaction with others and/or with Hiwassee Angler through this Site.
You may not assign your rights and obligations under these Terms without our prior written consent.
Digital Millennium Copyright Notices
If you believe any User Content on our site infringes your copyright, you may report such infringement to us using the following procedure. Notices and demands made pursuant to the Digital Millennium Copyright Act Section 512(c) (17 U.S.C. § 512(c)) must be submitted to:Hiwassee Angler, LLC
9051 Hiwassee Street NW
Charleston, TN 37310
To be effective, the notification must be a written communication to the above that includes the following: A physical or electronic signature of the copyright owner or one authorized to act upon their behalf; 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 us to locate and remove the material; Your contact information, including address, telephone number, and, if available, your email address, at which you can be contacted; A statement that you have 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 you are authorized to act on behalf of the copyright owner.
Complaints and Violations
If you have any complaints or wish to report any violation of these Terms, please contact us at firstname.lastname@example.org.
Effective Date: September 7, 2017