Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

By using this Website ("Site"), you agree to the following terms and conditions which may be updated from time to time without notice to you. The following terms and conditions and any and all updates to these terms and conditions shall be collectively referred to herein as the "TAC". You represent that you have read and agree to abide by all the TAC at all times while using this Site. You may not use this Site in any way that involves a failure to abide by the TAC. If you do not agree, do not use this Site.

AUTHORIZATION

You agree that you will not copy, distribute, republish, transmit, upload, post, display, modify, create derivative works or in any way exploit the intellectual property of Jumping Elephants, or this Site itself, without the prior written consent of Jumping Elephants. The contents of this Site are provided for lawful purposes only.

INTELLECTUAL PROPERTY

This Site and all of its contents, including, but not limited to its text, photographs, images, illustrations, graphics, logos, formatting, audio, video, selection, arrangement and overall website design and appearance (collectively, the "Intellectual Property") are protected by copyright, trade dress, trademark and other laws of the United States, Canada and other countries. The Intellectual Property displayed on or as a part of this Site is owned and controlled by Jumping Elephants or the party credited as the provider of the Intellectual Property.

LIMITATION OF LIABILITY

Jumping Elephants HAS PROVIDED THIS SITE, AND ALL OF ITS CONTENTS, ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Jumping Elephants does not guarantee the accuracy of any of the content on this Site. Your reliance on any content on this Site is at your own risk. Jumping Elephants will not be liable for any damages or injury caused by, operation or use of this Site, including, but not limited to any failure of performance, error, omission, interruption, defect, delay in transmission, computer virus, line failure, deletion, mis-delivery, failure to store any user communications or personalization settings or Jumping Elephants's negligence.

INDEMNIFICATION

By using this Site, you agree to indemnify, defend and hold harmless Jumping Elephants and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any and all claims, actions, liabilities, costs and expenses, including, but not limited to reasonable attorneys' fees arising out of your breach of any provision of the TAC or any warranty you provide herein, or otherwise arising in any way out of your use of this Site. You will cooperate fully in the defense of such claim. Jumping Elephants reserves the right to control the defense of any such claim.

GENERAL INFORMATION

The TAC shall be governed by the laws of the State of Tennessee, without regards to its conflict of laws provisions. You agree to submit to personal jurisdiction in the State of Tennessee for any cause of action arising out of or related to the TAC or your use of this Site. You agree that regardless of any statute or law to the contrary, any claim or cause of action with respect to the TAC or your use of this Site must be filed in Nashville, Tennessee within one year after the cause of action arises. By using this Site, you are responsible for compliance with applicable local laws. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. The failure of Jumping Elephants to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. The headings in the TAC are for convenience only and have no legal or contractual effect.

CHANGES TO THESE TERMS AND CONDITIONS

Jumping Elephants reserves the right to change the TAC at any time. You should check this Site from time to time to see what changes have been made. By continuing to use this Site after a change is made, you accept and are bound by the modified TAC. Only Jumping Elephants may modify the TAC.