Terms of Service – Smoky Mountains Personal Care and/or Janet Horn

Terms of Service (Last updated June 1, 2023)

These Terms of Service govern your access to and use of the Smoky Mountains Personal Care website and mobile applications (collectively, the “Site”) and any services (the “Services”) offered on the Site. This is a legal agreement between you and Smoky Mountains Personal Care (“we”, “us” or “Smoky Mountains Personal Care”).

By clicking the “I Agree” button on the account registration page or by using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms of Service.

If you do not agree or are unable to agree to be bound by these Terms of Service, do not use the Site or the Services.

We may modify these Terms of Service from time to time. When changes are made, we will make the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.

These Terms of Service are organized into the following eighteen sections:

  1. Nature of Our Site and Services
  2. Eligibility
  3. Use of Site and Services
  4. User Content and Communication Rules and Guidelines
  5. Termination
  6. Third-Party Verification Service
  7. Fair Credit Reporting Act
  8. Third Party Sites
  9. Payment, Subscription, and Refund Policies
  10. Online Payment Service
  11. SMS Text Message Alert Service
  12. Promotional Offers and Credits
  13. Intellectual Property Rights
  14. Disputes
  15. Disclaimer of Warranty and Limitation of Liability
  16. Indemnification
  17. Digital Millennium Copyright Act
  18. General Provisions
  19. NATURE OF OUR SITE AND SERVICES.
  20. The site is a Venue. The Site provides a venue for people seeking personal care and personal assistant services, elder care and other services (“Clients”) to connect with Janet who wants to provide those services (“Janet,” and collectively with Clients, “Users”). Smoky Mountains Personal Care is not a referral, matching or placement service for anyone else and does not provide, refer, place, offer or seek to obtain employment or engagements for any Janet.

Smoky Mountains Personal Care further makes no representations about Janet or the Clients. You should make your own assessments of the persons you decide to interact with, engage or provide services to.

  1. Transactions Are Solely Between Users. WE ARE NOT INVOLVED IN THE TRANSACTIONS BETWEEN JANET AND CLIENTS. Users arrange for the services solely between themselves, and Smoky Mountains Personal Care is not a party to any of those arrangements. Smoky Mountains Personal Care does not have control, supervise or provide any training or equipment to Janet, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Janet. Because we are not involved in User-to-User dealings or control the behavior of Users, Users must resolve any issues, disputes or concerns directly with each other, including any issues regarding payments to Janet or services received by a Client. As set forth in Section 15, you agree to release Smoky Mountains Personal Care from any claims or liability that may arise from any disputes between you and Janet.

Smoky Mountains Personal Care is not an employment service and does not serve as an employer of any User. As such, Users are solely responsible (and Smoky Mountains Personal Care is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users. You understand and agree that if Smoky Mountains Personal Care is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify Smoky Mountains Personal Care for all costs, expenses and liabilities (including any interest and penalties) relating to the same.

If requested by Smoky Mountains Personal Care, you agree to provide Smoky Mountains Personal Care with such identification documents (including copies of passports and driver’s licenses) or other information as may be needed or requested by Smoky Mountains Personal Care.

  1. ELIGIBILITY.

By requesting to use, registering to use and/or using the Site, you represent and warrant that:

  1. if you are a Client:
    1. Minimum Age. You are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside; and
    2. Criminal History. You and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
  2. if you are Janet:
    1. Minimum Age. You are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside;
    2. Legal Right to Work. You have the legal right to work in the United States; and
  • Criminal History.You (a) have/has never been convicted of, or is/are currently pending trial for, any felony or misdemeanor, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.

Smoky Mountains Personal Care HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third-party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.

USER AGREES TO RELEASE SMOKY MOUNTAINS PERSONAL CARE AND SMOKY MOUNTAINS PERSONAL CARE’S AFFILIATED PARTIES FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE. (“Affiliated Parties” means Smoky Mountains Personal Care’s officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors and employees.)

  1. USE OF SITE AND SERVICES.
  1. Registration and Account Information. When you use this Site, you will be asked to provide us with certain information about yourself and, if you are a Client, your children or other family members (your “Information”). Your Information will be used in accordance with Smoky Mountains Personal Care’s Privacy Policy. You are responsible for providing accurate, current and complete information.

Smoky Mountains Personal Care may, either during or after the registration process, request further information from you and/or use third-party services, to verify your account or registration information.

  1. Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Site is intended to be used by people who want to find, select, review and connect with Janet so they can receive, provide or share information about, child and elder care services. Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is prohibited.

You may not transmit any chain letters, junk or spam e-mail to Janet, or use any information obtained from the Site to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to Janet through the Site in any 24-hour period, terminating Subscriptions and/or accounts or blocking users with certain IP addresses from accessing the Site.

  1. Use of Janet’s Personal Information. You may from time to time receive the personal information of another User. For example, upon confirmation of a booking, Users will be provided with each other’s contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Site and the Services. Janet may not contact Clients, and Clients may not contact Janet, for any purpose other than asking a question, providing information, or making arrangements related to a booking on the Site.
  2. Circumvention of Site and Services. You may not use the Site or Services, or information obtained from the Site or Services, for the purposes of circumventing or attempting to circumvent Smoky Mountains Personal Care’s messaging tools or booking platform, including for the purpose of avoiding the obligation to pay fees related to Smoky Mountains Personal Care’s provision of the Services.
  3. Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Smoky Mountains Personal Care in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
  4. Risk Assumption and Precautions. You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others.
  5. Privacy Policy. You represent that you have read and understood our Privacy Policy.
  6. No Violation of Laws. Your use of the Site and the Services, including, but not limited to, the User Content you post on the Site, must be in accordance with all applicable laws and regulations.
  7. Reporting of Violations. You agree to report to us promptly any violation of these Terms of Service or any alleged improprieties of any Users. You can contact us at Janet @ Smoky Mountains Personal Care dot com.
  8. Beta Features. From time to time, we may offer new “beta” features or tools with which Users may experiment on the Site. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at Smoky Mountains Personal Care’s sole discretion. The provisions in Section 15 regarding the Disclaimer of Warranty apply to such features or tools.
  9. Group Affiliations. Users may have the option to list certain school or local group affiliations as part of their Profile. Unless expressly stated otherwise, Smoky Mountains Personal Care is not affiliated with any of these listed organizations nor does Smoky Mountains Personal Care verify the User’s membership with such listed organization.
  10. USER CONTENT AND COMMUNICATION RULES AND GUIDELINES.

As a User of the Site, you may have the opportunity to post or transmit User Content, such as User profiles (“Profiles”), reviews of Janet (“Reviews”), and messages to Janet or on group forums. You are solely responsible for any User Content you post on the Site or transmit to Janet, and once posted or transmitted, cannot always be withdrawn.

  1. Content and Communication Restrictions. You will not post on the Site, transmit to Janet, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:
    1. contains photographs or images of another person, unless you are that person’s Client or legal guardian;
    2. contains others’ copyrighted content unless you have written permission from the copyright owner;
    3. contains or discloses another person’s personal information without his or her written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
  1. implies that the User Content is in any way endorsed or sponsored by Smoky Mountains Personal Care;
  2. is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind;
  3. is intended to harass, annoy, threaten or intimidate any Janet of the Site;
  4. is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually-oriented, or otherwise objectionable;
  5. involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
  6. contains any malware (including but not limited to viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
  7. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ use of the Site;
  8. uses scripts, bots or other automated technology to access the Site;
  9. attempts to circumvent Smoky Mountains Personal Care’s messaging tools or booking platform, or attempts to avoid applicable Smoky Mountains Personal Care fees;
  10. otherwise violates (A) the rights of third parties, including rights of privacy or publicity, or (B) violates applicable laws and regulations.
  11. Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms of Service, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of Smoky Mountains Personal Care.
  12. Our Right to Use Your User Content. By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to Smoky Mountains Personal Care, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
  13. Review Guidelines. Clients will have the opportunity to provide Reviews about Janet they have used. Reviews should not include any personal information about Janet that is not disclosed in the Janet’s public Profile (for example, the Review should not include or reference Janet’s address or phone number). Reviews should be limited to your firsthand experience (not what you heard from someone else) and should be factually accurate. You should avoid broad generalizations and exaggerations. If appropriate, you should update your reviews to reflect new experiences. As with other User Content, we reserve the right to remove any Review that we feel, in our sole discretion, violates these guidelines.
  14. TERMINATION.
    1. By Smoky Mountains Personal Care. Smoky Mountains Personal Care may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your Subscription and/or your account and your access to the Site, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site. Unless otherwise decided by Smoky Mountains Personal Care, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User’s Subscription and/or account, Smoky Mountains Personal Care may send a notice of the termination or suspension to Janet who you may have corresponded with. If your account has been terminated by Smoky Mountains Personal Care, you may not re-register without Smoky Mountains Personal Care’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
    2. By User. As a User, you may terminate your account at any time.
    3. Effect of Termination. Upon the termination of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to Janet) may or may not (in our sole discretion) remain on the Site. Any User Content associated with your account after your account’s termination may not be available to you if you re-register with Smoky Mountains Personal Care. Upon the termination of your Subscription, you will no longer have access to Premium Services, but you will continue to have access to your account and portions of the Site and Services that are available to Users who do not have Subscriptions. If following the termination or cancellation of your Subscription and/or account, you continue to access and use other portions of the Site and/or Services, your use will continue to be governed by these Terms of Service. In addition, regardless of your discontinuation to use or access the Site, Sections 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of these Terms of Service will continue in full force and effect.
  15. THIRD-PARTY BACKGROUND AND VERIFICATION SERVICES.
  16. Background Checks Ordered by Janet. Janet may order background checks from one or more third-party verification services (each, a “3rd Party Verification Service”) made available through the Service that allows Janet to provide verification of their own information such as, for example, name, social security number, and criminal background.

To the extent permitted by law, Smoky Mountains Personal Care will receive and review a copy of each background check Janet orders through the Service. If the 3rd Party Verification Service reports that Janet has cleared the 3rd Party Verification Service’s background check, at Smoky Mountains Personal Care’s discretion, this information may be included on Janet’s Profile along with the date Janet cleared the background check for a period of up to 12-months from the background check date (after which period, it shall be Janet’s responsibility to reinitiate, if the Janet chooses, a new background check). You understand that Smoky Mountains Personal Care retains the right, but has no obligation, to take action with respect to your Smoky Mountains Personal Care account based on the information contained in the background check report, including, but not limited to, terminating your account, regardless of whether incorrect or incomplete information in the report is subsequently corrected or completed. Use of a 3rd Party Verification Service is voluntary, and Smoky Mountains Personal Care does not endorse, have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding the information contained in a background check report must be addressed with the 3rd Party Verification Service that provided the report (and not Smoky Mountains Personal Care).

Please note that 3rd Party Verification Services may be incomplete, not up-to-date, and may not provide all information about a User that may be relevant to you such as, for example, traffic violations, address verification, and pending criminal and/or civil complaints. Accordingly, you should take such actions as you feel are appropriate to evaluate a User’s background.

  1. Background or Verification Checks Ordered by Smoky Mountains Personal Care. Smoky Mountains Personal Care has the right, but not the obligation, to order a background check on Janet from a 3rd Party Verification Service and to use 3rd Party Verification Services to verify information about a User including, but not limited to, verification of your account or registration information or your compliance with these Terms of Service, each to the extent permitted by law. You understand that Smoky Mountains Personal Care retains the right, but has no obligation, to take action with respect to your Smoky Mountains Personal Care account based on the information provided by the 3rd Party Verification Service, including, but not limited to, terminating your account, regardless of whether incorrect or incomplete information provided by such 3rd Party Verification Service is subsequently corrected or completed. Smoky Mountains Personal Care does not have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information provided by a 3rd Party Verification Service must be addressed with the 3rd Party Verification Service that provided the information (and not Smoky Mountains Personal Care). By agreeing to these Terms of Service, you consent to Smoky Mountains Personal Care performing background and/or verification checks on you. If you do not want these checks performed, do not use the Site or the Services.
  2. FAIR CREDIT REPORTING ACT. Pursuant to the Fair Credit Reporting Act (the “FCRA”), we are notifying you that the 3rd Party Verification Service may be a consumer reporting agency subject to the FCRA and the reports issued by the 3rd Party Verification Service may be “consumer reports” subject to the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including, but not limited to, consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. If Smoky Mountains Personal Care takes adverse action with respect to your account based on information contained in a consumer report, Smoky Mountains Personal Care will notify you and provide you the name and contact information of the 3rd Party Verification Service that created the report. Smoky Mountains Personal Care will also provide you a copy of the report unless the 3rd Party Verification Service already provided you a copy of the report or access to it.

If you use or access information provided by a 3rd Party Verification Service, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a 3rd Party Verification Service with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless Smoky Mountains Personal Care and its Affiliated Parties from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information, regardless of the cause. Smoky Mountains Personal Care does not assume and expressly disclaims any liability that may result from the use of information provided by a 3rd Party Verification Service.

  1. THIRD-PARTY SITES.

The Site may include links to other websites (including other sites that are framed within the Site) or applications, or functionality to connect with other websites such as Facebook (each, a “Third Party Site”) or advertisements. We do not control or endorse any Third Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third Party Site or advertisement. Your use and access of a Third Party Site is at your own risk and is subject to the terms and conditions for such Third Party Site.

  1. PAYMENT, CANCELLATION AND REFUND POLICIES.
  2. Services, and fees (including which Services are charged fees), are subject to change or termination by Smoky Mountains Personal Care from time to time without notice. If there is any change to the Services or fees, the pages listing the current Services or fees, respectively, will be updated.
  3. Users who use these fee-based Services agree to pay Janet the applicable fees then in effect. In addition, Users authorize Smoky Mountains Personal Care to charge their chosen payment provider for the use of Janet’s services. Smoky Mountains Personal Care reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment. All fees and charges are nonrefundable and there are no refunds or credits once you have agreed to services being provided.
  4. Fees and services and any other items or benefits associated with a User are non-transferable.
  5. ONLINE PAYMENT SERVICE.

Smoky Mountains Personal Care offers an online payment service via PayPal (“Online Payment Service”) to facilitate payments from Clients to Janet. The Online Payment Service may be subject to availability based on geographic area, Subscription enrollment or other basis, as determined by Smoky Mountains Personal Care. Janet must accept payments through the Online Payment Service and, where available, Clients booking with Janet may choose to make payments online to Janet. Please refer to Smoky Mountains Personal Care’s Online Payment Terms and Conditions, for additional information and terms and conditions governing the use of this service.

  1. TEXT MESSAGE COMMUNICATIONS AND MOBILE PUSH NOTIFICATIONS.

Users have the option of providing Smoky Mountains Personal Care with their mobile phone number as part of the registration process. Users who provide Smoky Mountains Personal Care with their mobile phone number may receive text message communications from Smoky Mountains Personal Care or Janet on their cellular phones and/or mobile devices. By providing Smoky Mountains Personal Care with your mobile phone number, you consent to Smoky Mountains Personal Care sending text messages to your cellular phone and/or mobile device. Smoky Mountains Personal Care does not charge for sending text messages, but your carrier may charge you.

Users of Smoky Mountains Personal Care’s mobile applications may have the option to receive push notification alerts from Smoky Mountains Personal Care. If push notification alerts are available, you will be given the option to consent to receive them after you download the application. You may also adjust your push notification settings after you have downloaded the application in your mobile device settings.

  1. PROMOTIONAL OFFERS AND CREDITS.

From time to time, Smoky Mountains Personal Care may offer special promotions, credits, awards or discounts (“Promotions”). All Promotions will be run at the sole discretion of Smoky Mountains Personal Care, and can be modified or terminated at any time by Smoky Mountains Personal Care with or without advance notice. Promotions may be offered on a limited-time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion). As part of a Promotion, Smoky Mountains Personal Care may offer fee or reward credits to its Users. Fee or reward credits are non-transferable, not redeemable for cash, and may be subject to other terms and conditions.

  1. INTELLECTUAL PROPERTY RIGHTS.
  2. All materials on the Site other than User Content are either owned by Smoky Mountains Personal Care or are the property of Smoky Mountains Personal Care’s suppliers or licensors. You may not use these materials except as we give you written permission to do so.
  3. The service marks and trademarks “Smoky Mountains Personal Care” and the Smoky Mountains Personal Care logo are owned by Smoky Mountains Personal Care. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of Smoky Mountains Personal Care and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
  4. Ownership and Use. Smoky Mountains Personal Care retains ownership of its intellectual property rights and you have no rights to Smoky Mountains Personal Care’s intellectual property or Smoky Mountains Personal Care’s rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, other than User Content you create.
  5. DISPUTES.

If any disputes or disagreements arise between a Client and Janet relating to the services provided by Janet or payments made by or due from Client, the Client and Janet are responsible for resolving any such disputes directly with each other. Smoky Mountains Personal Care will not be a party to any such dispute, and Smoky Mountains Personal Care will not be obligated to take any action toward resolving the dispute.

  1. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY.

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF Smoky Mountains Personal Care, JANET AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

  1. “AS-IS” BASIS. Smoky Mountains Personal Care provides the Site on an “AS IS” and “AS AVAILABLE” basis. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
  2. NO WARRANTIES; RELEASE. Smoky Mountains Personal Care AND/OR JANET GRANT NO WARRANTIES OF ANY KIND, whether express or implied, statutory or otherwise with respect to the Users, the Services, or the Site (or any information contained in the Site). Smoky Mountains Personal Care and Janet do not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Smoky Mountains Personal Care AND JANET DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS ON THE SITE OR PROVIDED OR OBTAINED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, INFORMATION CONTAINED IN ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR Smoky Mountains Personal Care. Smoky Mountains Personal Care and Janet do not warrant that your use of the Site or Services or that information on the Site will be secure, uninterrupted, error-free, available, or accurate, or that any defects in the Site will be corrected. Smoky Mountains Personal Care and Janet make no warranties about the connectivity and continued availability of the Site or Services.

YOU AGREE TO RELEASE Smoky Mountains Personal Care, JANET AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SITE, (II) YOUR USE OF ANY SERVICES OF Smoky Mountains Personal Care AND/OR JANET, (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND JANET, OR (IV) ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR Smoky Mountains Personal Care.

  1. USER CONTENT. Smoky Mountains Personal Care AND JANET MAKE NO CLAIMS OR PROMISES about (i) the opinions, advice, statements, reviews, or other information or content made available on the Site or through the Services by Users, or (ii) the accuracy, completeness, or usefulness of any information on the Site or available through the Services.
  2. INDEMNITY. THE CLIENTS, ON BEHALF OF THEMSELVES AND ALL SUCCESSORS AND ASSIGNS, HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD JANET AND Smoky Mountains Personal Care AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, CAUSES OF ACTION AND OTHER EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE SERVICES PROVIDED BY JANET AND/OR Smoky Mountains Personal Care OR SUBSEQUENT ACTION OR PERFORMANCE OR NONPERFORMANCE OF JANET AND/OR Smoky Mountains Personal Care.
  3. LIMITATION OF LIABILITY. IN NO EVENT WILL Smoky Mountains Personal Care, JANET OR THEIR AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (I) INTERACTIONS WITH JANET OF THE SITE, WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY USER OF THE SITE OR SERVICES, AND (III) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE SITE BY JANET.
  4. NO CONSEQUENTIAL DAMAGES. YOU AGREE THAT NEITHER Smoky Mountains Personal Care, JANET NOR THEIR AFFILIATED PARTIES HAVE ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA.
  5. MAXIMUM LIABILITY. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE, JANET’S AND Smoky Mountains Personal Care’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO Smoky Mountains Personal Care AND/OR JANET IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
  6. SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR SERVICES BY JANET OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
  7. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless Smoky Mountains Personal Care, Janet and their Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by Smoky Mountains Personal Care, Janet and their Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Site or Services, (ii) any materials and content you submit, post or transmit through the Site, (iii) your violation of these Terms of Service or your violation of any rights of a third party, (iv) your interactions with or conduct towards any Janet, (v) your violation of any applicable law, rules or regulations or (vi) information contained in any background or verification report, regardless of whether ordered by a User or Smoky Mountains Personal Care. You agree that you will cooperate as reasonably requested by Smoky Mountains Personal Care and/or Janet in the defense of such claims. Smoky Mountains Personal Care and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT.

Smoky Mountains Personal Care respects the intellectual property rights of others and expects its Users to do the same. Smoky Mountains Personal Care may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others. In addition, Smoky Mountains Personal Care, in its sole and absolute discretion, may terminate the accounts of Users who infringe on the intellectual property rights of others. If you believe any materials on the Site infringe your copyright, you may request the removal of those materials from the Site by contacting Smoky Mountains Personal Care’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Smoky Mountains Personal Care’s Copyright Agent is:

Copyright Agent, Smoky Mountains Personal Care, 1216 East Parkway, Suite 161, Gatlinburg, TN 37738. Email: Janet @ Smoky Mountains Personal Care dot com.

  1. GENERAL PROVISIONS
  2. Governing Law and Venue. Tennessee law governs these Terms of Service, as well as any claim, cause of action or dispute that might arise between you and Smoky Mountains Personal Care, without regard to conflict of law provisions. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Tennessee, City of Sevierville and County of Sevier.
  3. No Joint Venture or Partnership. Nothing in these Terms of Service may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Smoky Mountains Personal Care is not an employment service or agency and does not serve as an employer or referral source for any User.
  4. If any provision of these Terms of Service is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms of Service shall remain in full force and effect.
  5. Complete Agreement. These Terms of Service contain the entire agreement between you and Smoky Mountains Personal Care regarding the use of the Site and Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Services.
  6. Contact Information. If you have any questions or need further information as to the Site or the Services, or need to notify Smoky Mountains Personal Care as to any matters relating to the Site or Services please contact Smoky Mountains Personal Care at:

Smoky Mountains Personal Care, 1216 East Parkway, Suite 161, Gatlinburg, TN 37738.

Email: Janet @SmokyMountainsPersonalCare dot com.