All the information and contents in this website (together with all content and the underlying source HTML files that implement the hypertext features, collectively this "Site") are the property of Downtown Knoxville & Everything West Magazine (hereafter known as DK&EW), and are protected by U.S., U.K., and other foreign copyright and trademark laws. By accessing this website, you agree to the following terms and conditions. If you do not agree, you have no right to use this website.

All pages found in this website, including original graphics, layout, photographs, and content are copyright ©2008 Downtown Knoxville & Everything West Magazine, and may not be used in any form without express written permission. Copyright and trademark infringement will not be tolerated.

TERMS AND CONDITIONS

1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE

1.1 All trademarks used herein, whether recognized or not, are the properties of their respective companies. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights. All trademarks are used solely to refer to that company's goods and services.

1.2 You are hereby granted a non-exclusive, non-transferable, limited license to view this Site, and to download and/or print insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Site, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of DK&EW.

1.3 Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.

2. LINKS TO THIRD PARTY SITES

DK&EW provides links to third party web sites for your convenience. DK&EW does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk. You should review the privacy policy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the site. Links to third party sites do not imply endorsement of the sites by DK&EW.

3. DISCLAIMERS

3.1 THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND DK&EW EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

3.2 DK&EW disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.

4. LIMITATION OF LIABILITY A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. "Covered Party" means DK&EW, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.

5. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder or in any way related to this Site shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Tennessee, and jurisdiction therefore shall rest solely in Tennessee, USA.

6. CHANGES TO SITE AND THESE TERMS AND CONDITIONS

This Site and these Terms and Conditions may be changed by DK&EW with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.

7. ENTIRE AGREEMENT; SEVERABILITY

These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

8. COMMUNICATIONS

Any communication or other information sent to DK&EW via electronic mail or otherwise in connection with your use of this Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by DK&EW for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to DK&EW.

9. LINKS TO DK&EW WEB PAGES

9.1 DK&EW permits links to this Site provided (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices, (b) you do not directly or indirectly cause any portion of this Site to appear on a user's computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party, and (c) you discontinue providing links to this Site if notified by DK&EW.

9.2 When linking to this Site you may use one or more DK&EW logos as a link anchor. These logos are trademarks of DK&EW and DK&EW retains all rights in them. DK&EW grants you a limited license to use these logos solely for linking to DK&EW web pages as provided above. Logos cannot be altered or modified other than to make them larger or smaller. Except for the limited license provided above, DK&EW does not grant, by implication, estoppels or otherwise, any license to use any trademark, copyrighted materials or other proprietary materials displayed on this Site and any other use is strictly prohibited.

10. IF YOU DO NOT AGREE ...

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.