Terms of service
OVERVIEW
This website is operated by Tennessee Cutlery LLC. Throughout the site, the terms “we”,
“us” and “our” refer to Tennessee Cutlery. Tennessee Cutlery offers this website, including all information, tools
and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in
our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including
those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or
using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If
you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any
Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of
Service.
Any new features or tools which are added to the current store shall also be subject to the Terms
of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the
right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for changes. Your continued use of or access to
the website following the posting of any changes constitutes acceptance of those changes.
Our store is
hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and
Services to you.
SECTION 1 - ONLINE STORE TERMS
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.
SECTION 2 - GENERAL
CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You
understand that your content (not including credit card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the Service is provided, without express written permission by
us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect
these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are
not responsible if information made available on this site is not accurate, complete or current. The material on
this site is provided for general information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO
THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve
the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any
time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain
products or Services may be available exclusively online through the website. These products or Services may have
limited quantities and are subject to return or exchange only according to our Refund Policy: https://tennesseecutlery.com/policies/refund-policy
We have made every effort to
display as accurately as possible the colors and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not
obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may
exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or
Services that we offer. All descriptions of products or product pricing are subject to change at anytime without
notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any
product or Service made on this site is void where prohibited.
We do not warrant that the quality of any
products, Services, information, or other material purchased or obtained by you will meet your expectations, or that
any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT
INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same credit card, and/or orders that use the same
billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify
you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve
the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as
needed.
For more details, please review our Refund Policy: https://tennesseecutlery.com/policies/refund-policy
SECTION 7 - OPTIONAL
TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have
any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available”
without any warranties, representations or conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the
optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you
are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new
tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our
Service may include materials from third-parties.
Third-party links on this site may direct you to third-party
websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy
and we do not warrant and will not have any liability or responsibility for any third-party materials or websites,
or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages
related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection
with any third-party websites. Please review carefully the third-party's policies and practices and make sure you
understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND
OTHER SUBMISSIONS
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 to be unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property
or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus
or other malware that could in any way affect the operation of the Service or any related website. You may not use a
false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10
- PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy, which can be viewed here: https://tennesseecutlery.com/policies/refund-policy
SECTION 11 - ERRORS,
INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the
Service or on any related website is inaccurate at any time without prior notice (including after you have submitted
your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required by law. No specified update or
refresh date applied in the Service or on any related website, should be taken to indicate that all information in
the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED
USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be
used in any way that will affect the functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent
the security features of the Service or any related website, other websites, or the Internet. We reserve the right
to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee,
represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not
warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You
agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any
time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your
sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly
stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case
shall Tennessee Cutlery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers,
Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured
using the Service, or for any other claim related in any way to your use of the Service or any product, including,
but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result
of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the
Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or
the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability
shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tennessee Cutlery LLC 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.
SECTION 15 - SEVERABILITY
In the
event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable
portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.
SECTION 16 - 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).
SECTION 17 - ENTIRE
AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating
rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding
between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior
versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service
and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with
the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the
most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole
discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our
website. It is your responsibility to check our website periodically for changes. Your continued use of or access to
our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of
those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us
at cs@tennesseecutlery.com.
Our contact information is posted below:
Tennessee Cutlery
11414 Kingston Pike, Ste C
Knoxville, TN 37934
United States
865-223-5448
SECTION 21 - Engraving/Etching Policy
• Tennessee
Cutlery LLC is not responsible for any mistakes, error, or misspelled words that were provided to us by the
customer.
• Any personalized, laser engraved items are not accepted as a return for any
reason.
• We are unable to engrave using any images, graphics, emojis, or logos which are
copyrighted or trademarked.
• Prices for engraving are subject to change without notice.
• Cancellations of orders or custom work are not possible once the engraving process has
begun.
• By completing your payment for engraving, you agree to the disclaimer(s) listed
above and accept any and all liabilities associated with the personalization/engraving process.
• Every effort will be made to meet desired coloration. However, due to variations in
materials and coating, color results can fluctuate.
• Tennessee Cutlery LLC reserves the
right to refuse any engraving requests at our discretion.
• Some knives we sell may already
have artwork on 1 or more blades. Please check the pictures on our website to see if your knife already has artwork.
We are unable to edit or add additional artwork to the side of a blade that already has artwork or etching.