PLEASE READ CAREFULLY BEFORE USING THIS SITE.
By using this site, you are agreeing to these Terms of Use. If you do not agree with these Terms of Use, please do not use this site. YOUR ACCESS OR USE OF THE WEBSITE OR ANY SERVICES PROVIDED SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. We reserve the right to change, modify, add or remove portions of these terms at any time, so please check back periodically for changes. Your continued use of this site after changes to these terms (including the Privacy Policy) will constitute your acceptance of such changes.
PRIVACY POLICY
Your privacy is important to us and we want to make sure it is protected. Please take a moment to review our Privacy Policy.
USE OF MATERIALS; RESTRICTIONS
This website and all materials on the website, including, but not limited to, images, illustrations, articles, postings (the "Materials") are the property Smokin' Tuna Saloon and its affiliates and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Smokin' Tuna Saloon and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.smokintunashop.com, our forums, social media pages, or any other site owned or operated by Smokin' Tuna Saloon without the prior written permission of Smokin' Tuna Saloon. However, you may download or make one copy of the Materials and other downloadable items displayed on the website, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of Smokin' Tuna Saloon's copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from Smokin' Tuna Saloon. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any information displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of Smokin' Tuna Saloon or such third party that may own the trademark or copyright of information displayed on this website.
TRADEMARKS
Smokin' Tuna Saloon and its related names and logos are all trademarks and/or trade names owned or licensed by Smokin' Tuna Saloon and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with Smokin' Tuna Saloon, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of Smokin' Tuna Saloon or its affiliated companies and are protected by federal and state law and may not be copied or imitated in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited. Smokin' Tuna Saloon will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.
THIRD PARTY PRODUCTS AND SERVICES
Smokin' Tuna Saloon is not responsible for the content of any sites that may be linked to or from this website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this website is independent from Smokin' Tuna Saloon, and Smokin' Tuna Saloon has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by Smokin' Tuna Saloon of that third party or of any product or service provided by a third party. Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMOKIN' TUNA SALOON DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. SMOKIN' TUNA SALOON DOES NOT WARRANT THAT THE SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. SMOKIN' TUNA SALOON MAKES NO WARRANTIES THAT THE INFORMATION, PRODUCTS AND SERVICES PRESENTED ON THE SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL SMOKIN' TUNA SALOON, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RELATING TO YOUR USE OF THIS WEBSITE, ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE SITE.
INDEMNIFICATION/TERMINATION OF USE FOR BREACH OF TERMS OF USE
You agree to indemnify and hold harmless Smokin' Tuna Saloon from and against any and all losses, expenses, damages, and costs including without limitation reasonable attorneys’ fees, resulting or arising out of from your violation of the Terms of Use. Smokin' Tuna Saloon reserves the right to suspend or terminate your access to, or use of, the website or services provide therein at any time for any reason.
WORLD-WIDE APPLICABILITIES AND LAWS
This website is presented by Smokin' Tuna Saloon from within the United States, and Smokin' Tuna Saloon makes no representation that materials in the website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the website.
JURISDICTION AND VENUE
You agree that any legal action brought against Smokin' Tuna Saloon shall be governed by the laws of the State of Florida without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Smokin' Tuna Saloon sites shall be an appropriate federal or state court located in Monroe County, Florida