This document was last updated on November 25, 2022
This agreement is in effect as of December 6, 2022.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that
it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications.
Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified
terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you,
either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the
purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and
generally accepted online practices or guidelines.
Wherein, you understand that:
- a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification,
contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that
any information you provide will always be accurate, correct, and up to date.
- b. You are responsible for maintaining the confidentiality of any login information associated with any account you use
to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is
strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any
automated, unethical or unconventional means.
- d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to
which our Resources are located or connected, is strictly prohibited.
- e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer
due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums,
message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally
we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you
choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use
these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools
as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist,
or contains any type of suggestive, inappropriate, or explicit language;
- ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Iii. Contains any type of unauthorized or unsolicited advertising;
- Iiii. Impersonates any person or entity, including any pebblemtn.com employees, contractors or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement,
along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights
or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove,
you hereby consent to such removal, and consent to waive any claim against us.
- h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content
posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party
copyrights or trademarks, becomes the property of pebblemtn.com, and as such, gives us a perpetual, irrevocable, worldwide,
royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit.
This only refers and applies to content posted via open communication tools as described, and does not refer to information that is
provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our
- i. You agree to indemnify and hold harmless pebblemtn.com and its parent company and affiliates, and their
directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations
relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive
defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us
with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that
we do not represent or warrant to you that:
- i) the use of our Resources will meet your needs or requirements.
- ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
- iii) the information obtained by using our Resources will be accurate or reliable, and
- iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion
and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data
that may result from the download of such content.
- vi) no information or advice, whether expressed, implied, oral or written, obtained by you from pebblemtn.com
or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly
outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us
shall be limited to the amount you paid, if any, for use of products and/or services. pebblemtn.com will not be liable for any
direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our
Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent
that applicable limitation of liability laws apply.
All content and materials available on pebblemtn.com, including but not limited to text, graphics, website name,
code, images and logos are the intellectual property of pebblemtn.com, and are protected by applicable copyright
and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of
any content on this site is strictly prohibited, unless specifically authorized by pebblemtn.com
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources
with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal,
fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law
enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease,
and we reserve the right to remove or delete any information that you may have on file with us, including any account or
This website is controlled by pebblemtn.com, from our offices located in Chuckey, Tennessee. It can be accessed by most countries
around the world. As each country has laws that may differ from those of the USA, by accessing our website, you agree that the statutes
and laws of The United States of America, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods,
will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in United States,
in the State of Tennessee, USA, You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or
inconvenient forum objections to such courts.
78 Pebble Mountain Circle
Chuckey, Tennessee 37641