Terms and Conditions

Effective Date: ____

Welcome to OwningTheSmokies.com ("Website"), owned and operated by Owning the Smokies, together with its affiliates, subsidiaries, licensors, partners, and related brands ("Company," "we," "our," or "us").

These Terms and Conditions ("Terms") govern your access to and use of our Website, services, products, content, software, tools, mobile applications, downloadable resources, educational materials, and communications.

By accessing or using this Website, you agree to be legally bound by these Terms. If you do not agree, please do not use the Website.

1.Eligibility

You represent that:

  • You are at least 18 years of age.
  • You have the legal authority to enter into this agreement.
  • You will use this Website only for lawful purposes.
  • All information you provide is truthful and accurate.

2.Scope of Services

OwningTheSmokies.com may provide information or services relating to:

  • Real estate brokerage
  • Property searches
  • Vacation rental ownership
  • Short-term rental education
  • Property management
  • Hospitality consulting
  • Investment education
  • AI-powered tools
  • Digital resources
  • Podcasts
  • Videos
  • Articles
  • Online courses
  • Community memberships
  • Events
  • Newsletters
  • Market reports
  • Software and technology services

Availability of any service may change without notice.

3.Educational Purpose

Unless specifically stated otherwise, all Website content is provided for informational and educational purposes only.

Nothing on this Website constitutes:

  • legal advice;
  • tax advice;
  • financial advice;
  • investment advice;
  • engineering advice;
  • construction advice;
  • insurance advice; or
  • professional consulting.

You remain solely responsible for decisions made using information obtained from this Website.

4.No Brokerage Relationship

Viewing listings, reading articles, downloading resources, communicating through this Website, or subscribing to newsletters does not create:

  • an agency relationship;
  • a brokerage agreement;
  • a fiduciary relationship;
  • an attorney-client relationship;
  • a consulting agreement; or
  • any contractual relationship,

unless expressly established through a separate written agreement.

5.User Accounts

Certain services may require you to create an account.

You agree to:

  • maintain accurate information;
  • keep login credentials confidential;
  • notify us immediately of unauthorized use;
  • accept responsibility for all activity under your account.

We reserve the right to suspend or terminate accounts at our discretion.

6.Acceptable Use

You agree not to:

  • violate any law;
  • submit fraudulent information;
  • interfere with Website operations;
  • attempt unauthorized access;
  • distribute malware;
  • scrape or harvest data without permission;
  • copy proprietary content;
  • reverse engineer software;
  • impersonate another individual;
  • disrupt other users.

Violation of these Terms may result in termination of access.

7.Intellectual Property

Unless otherwise noted, all Website content is owned by the Company or licensed to the Company, including:

  • logos;
  • trademarks;
  • service marks;
  • trade dress;
  • software;
  • AI systems;
  • written content;
  • videos;
  • podcasts;
  • graphics;
  • photographs;
  • downloadable materials;
  • educational frameworks;
  • playbooks;
  • checklists;
  • processes;
  • proprietary methodologies.

This content is protected under applicable copyright, trademark, trade secret, and intellectual property laws.

No content may be reproduced, modified, distributed, sold, or republished without prior written permission.

8.User-Submitted Content

If you submit:

  • reviews;
  • testimonials;
  • comments;
  • photographs;
  • videos;
  • suggestions;
  • ideas;
  • feedback;
  • questions;

you grant the Company a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, publish, display, modify, and distribute such content for business purposes, unless otherwise prohibited by law.

You represent that you own or have permission to submit such content.

9.Property Information

  • Property descriptions, pricing, availability, photographs, maps, measurements, financial projections, and amenities are believed to be accurate but are not guaranteed.
  • Information may change without notice.
  • Buyers and investors should independently verify all information.

10.Investment Risk

  • Real estate investing involves significant risk.
  • Market conditions change.
  • Past performance does not guarantee future results.
  • Users should perform independent due diligence and consult appropriate professionals before making investment decisions.

11.Third-Party Services

The Website may contain links to:

  • lenders;
  • title companies;
  • inspectors;
  • contractors;
  • government agencies;
  • software providers;
  • travel services;
  • booking platforms;
  • affiliate partners;
  • other third-party websites.

We do not control these services and are not responsible for their content, availability, or actions.

Your use of third-party services is solely at your own risk.

12.Purchases

Certain products or services may require payment.

Prices are subject to change without notice.

Unless otherwise stated:

  • all sales are final;
  • subscriptions automatically renew until canceled, if applicable;
  • refunds are governed by the specific purchase agreement.

13.AI Features

Certain features may utilize artificial intelligence to generate recommendations, summaries, reports, or educational content.

AI-generated content may contain inaccuracies.

Users should independently verify important information before relying upon it.

14.Website Availability

We strive to maintain uninterrupted service but do not guarantee:

  • continuous availability;
  • error-free operation;
  • compatibility with all devices;
  • freedom from viruses or other harmful components.

We may suspend or discontinue services without notice.

15.Disclaimer of Warranties

The Website and all services are provided on an "AS IS" and "AS AVAILABLE" basis.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, and non-infringement.

16.Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, punitive, or special damages arising from:

  • Website use;
  • reliance on Website content;
  • investment decisions;
  • property transactions;
  • software errors;
  • technical failures;
  • business interruptions;
  • lost profits;
  • lost opportunities;
  • data loss.

Our total liability, if any, shall not exceed the amount you paid directly to the Company for the specific service giving rise to the claim.

17.Indemnification

You agree to indemnify, defend, and hold harmless the Company, its owners, officers, employees, contractors, affiliates, licensors, and partners from any claims, damages, liabilities, expenses, or attorney's fees arising from:

  • your use of the Website;
  • violation of these Terms;
  • infringement of another person's rights; or
  • unlawful conduct.

18.Privacy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

19.Termination

We reserve the right to suspend, restrict, or terminate access to the Website at any time and for any reason, with or without notice.

Termination does not limit any other legal remedies available to the Company.

20.Governing Law

These Terms shall be governed by the laws of the State of Tennessee, without regard to conflict-of-law principles.

Any legal dispute shall be brought exclusively in the appropriate state or federal courts located in Tennessee.

21.Severability

If any provision of these Terms is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

22.Entire Agreement

These Terms, together with our Privacy Policy, Website Disclaimer, and any applicable written agreements between you and the Company, constitute the entire agreement between the parties regarding use of the Website.

23.Changes to These Terms

We may update these Terms periodically.

The revised version will be posted on this page with an updated Effective Date.

Continued use of the Website after changes become effective constitutes acceptance of the revised Terms.

24.Contact Information

If you have questions regarding these Terms and Conditions, please contact:

Owning the Smokies

Website: https://www.owningthesmokies.com

Email: hello@owningthesmokies.com