Conditions of Use:
Welcome to fallingwateroutdoors.com. Falling Water Outdoors provides website features to you subject to the following conditions. If you visit or shop at fallingwateroutdoors.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Falling Water Outdoors service or business (e.g., Your Profile, or Gift Cards) you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service. If these conditions are inconsistent with such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your visit to fallingwateroutdoors.com, to understand our practices.
When you visit fallingwateroutdoors.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Falling Water Outdoors or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Falling Water Outdoors and protected by U.S. and international copyright laws. All software used on this site is the property of Falling Water Outdoors or its software suppliers and protected by United States and international copyright laws.
Fallingwateroutdoors.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, Falling Water Outdoors’ trademarks and trade dress may not be used in connection with any product or service that is not Falling Water Outdoors’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Falling Water Outdoors. All other trademarks not owned by Falling Water Outdoors that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Falling Water Outdoors.
License and site access:
Falling Water Outdoors grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Falling Water Outdoors. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Falling Water Outdoors. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Falling Water Outdoors without express written consent. You may not use any meta tags or any other “hidden text” utilizing Falling Water Outdoors’s name or trademarks without the express written consent of Falling Water Outdoors. Any unauthorized use terminates the permission or license granted by Falling Water Outdoors. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Fallingwateroutdoors.com so long as the link does not portray Falling Water Outdoors, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Falling Water Outdoors logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Falling Water Outdoors does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Fallingwateroutdoors.com only with involvement of a parent or guardian. Falling Water Outdoors reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and other content:
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Falling Water Outdoors reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Falling Water Outdoors a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Falling Water Outdoors and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Falling Water Outdoors for all claims resulting from content you supply. Falling Water Outdoors has the right but not the obligation to monitor and edit or remove any activity or content. Falling Water Outdoors takes no responsibility and assumes no liability for any content posted by you or any third party.
Falling Water Outdoors respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at the address at the end of this document.
Risk of loss:
All items purchased from Falling Water Outdoors are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Falling Water Outdoors attempts to be as accurate as possible. However, Falling Water Outdoors does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Falling Water Outdoors itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer of warranties and limitation of liability:
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FALLING WATER OUTDOORS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FALLING WATER OUTDOORS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FALLING WATER OUTDOORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FALLING WATER OUTDOORS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM FALLING WATER OUTDOORS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FALLING WATER OUTDOORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Fallingwateroutdoors.com, you agree that the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Falling Water Outdoors.
Any dispute relating in any way to your visit to Fallingwateroutdoors.com or to products or services sold or distributed by Falling Water Outdoors or through Fallingwateroutdoors.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in White County, Tennessee, and you consent to exclusive jurisdiction and venue in such courts.
Site policies, modification, and severability:
Please review our other policies, such as our shipping policy, posted on this site. These policies also govern your visit to Fallingwateroutdoors.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Falling Water Outdoors
270 Fred Hill Rd.
Sparta, Tennessee 38583