Terms and Conditions

Last updated: April 18, 2023

 

• Introduction

 

Welcome to Smokey Dawg, LLC and its affiliates and subsidiaries (hereinafter collectively the “COMPANY”)! These Terms and Conditions (“Terms”) govern your use of COMPANY’s website http//www.whatisyour1more.com and our podcast services (collectively, the “Services”).

 

READ THIS AGREEMENT CAREFULLY AS IT CONTAINS THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS TO THE SERVICES. THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT MANDATES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND. THE DETAILS FOR ARBITRATION ARE MORE FULLY SET FORTH BELOW.

 

You will be deemed to have irrevocably agreed to the Terms by using COMPANY’s Services. If you do not agree with any of these Terms, including the Privacy Policy, please do not use the Services. 

 

 

• Updates to Terms.

 

 

These Terms may be revised and reissued by posting updated terms on the Services. You consent and agree to receive notices of updates to these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current terms. Your continued use of the Services will be deemed as irrevocable acceptance of any revisions. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Services and related services.

 

• Legal Capacity.

 

 

The Services are designed for a general adult audience. We assume, and by using the Services, you warrant, that you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound by this contract).

 

• Trademarks and Copyrights.

 

The Services (including past, present, and future versions), including any content and materials incorporated by the Services ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos, or other images incorporated by the Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by the COMPANY or others ("Trademarks"). All right, title, and interest in and to the Material available via the Services is the property of the COMPANY or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. The COMPANY respects the intellectual property rights of others and asks users of the Services to do the same.

 

When using the Services, you must respect the intellectual property and other rights of the COMPANY and others. Your unauthorized use of Material may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. 

 

The COMPANY and its affiliates have a no-tolerance policy regarding the use of our Material, including our Trademarks or names in metatags and/or hidden text. Specifically, the use of our Trademarks in metatag keywords is trademark infringement, and the use of Trademarks in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on the Services is prohibited absent express written permission from the COMPANY. Framing, inline linking or other association of the Services or its or its suppliers' software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the Services is expressly prohibited.

 

 

• Use of Services

 

 

You may use our Services only for lawful purposes and in accordance with these Terms. You may not use our Services:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the COMPANY or a COMPANY employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us in our sole discretion, may harm the COMPANY or users of the Services or expose them to liability.

 

You are responsible for all use of your username and password on the Services.  You understand that you are fully responsible for the behavior and activities in connection with the Services under your Account and for compliance with these Terms by anyone accessing your Account.  We reserve the right to terminate or suspend your access to our Services for any reason, including without limitation, breach of these Terms.

 

Subject to your strict compliance with these Terms and any Additional Terms, you may access and display Material and all other content displayed on the Services for non-commercial, personal, entertainment use on a single computer, mobile phone or other wireless device, or other Internet enabled device (each, a "Device") only and the COMPANY grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Material (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal Device for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Material, and (ii) may be immediately suspended or terminated for any reason, in COMPANY's sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Material, subject to certain Additional Terms. The Material and all other content on the Services may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by the COMPANY. Any authorization to copy Material granted by the COMPANY in any part of this Service for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single device only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. 

 

 

• Forums

 

 

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES, OR OTHER FORUMS ON THE SERVICE ("FORUMS") ARE NOT NECESSARILY THOSE OF THE COMPANY OR CONTENT PROVIDERS. THE COMPANY DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF THE COMPANY. THE COMPANY MAY REMOVE OR MODIFY ANY MATERIAL WITHOUT NOTICE OR LIABILITY AT ANY TIME IN COMPANY’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT IN THESE TERMS.

 

 

• Our Use of Content.

 

 

The COMPANY will consider anything you provide to COMPANY and/or contribute to the Services (hereinafter “User-Generated Content”), including but not limited to reviews, ideas, submissions, writings, recordings or other information, as available for COMPANY’s use free of any obligations to you, including but limited to monetary compensation. You agree and grant to Company, free of charge, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and cost free right and license to use, copy, record, distribute, reproduce, disclose, sell, resell, sub-license, display, transmit, publish, broadcast and otherwise use and exploit your User-Generated Content in any manner Company sees fit.

 

 

• Disclaimer of Warranties

 

 

ALL CONTENT AND MATERIALS ON OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

 

• Third-Party Sites.

 

 

This Service may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that (whether or not such sites are affiliated in any way with COMPANY) COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link on this Service does not imply endorsement of any site by COMPANY or any association with its operators.

COMPANY cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from COMPANY since the third-party sites are owned and operated by independent retailers. COMPANY does not endorse any of the merchandise, nor has COMPANY taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. COMPANY does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.

 

• Limitation of Liability

 

IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

 

• Indemnification

 

 

You agree to defend, indemnify, and hold harmless COMPANY, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of our Services, including but not limited to your violation of these Terms.

 

 

• Termination

 

 

We may terminate your access to our Services at any time, with or without cause, and without notice to you. Upon termination, you must immediately stop using our Services.

 

 

• Entertainment Purposes Only; No Financial Advice

 

 

All content on our Site, including but not limited to podcasts, blog posts, and other materials, is provided for entertainment purposes only. We do not provide financial advice, and the information provided on our Site is not intended to be relied upon for investment or financial decisions. You should always consult with a qualified financial advisor before making any investment decisions.

 

 

• Views of Sponsors

 

 

Our Site may contain advertisements or sponsorships from third parties. The views expressed in these advertisements or sponsorships are solely those of the third party, and do not necessarily reflect the views of the COMPANY or its affiliates. We do not endorse or guarantee any products or services offered by third parties.

 

• Arbitration

 

 

Certain terms of this Section 16 are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and COMPANY agree that we intend that this Section 16 satisfies the "writing" requirement of the Federal Arbitration Act.

1. Resolution of Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Services, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, "Dispute"), or to any of COMPANY's actual or alleged intellectual property rights (an "Excluded Dispute", which includes those actions set forth in Section 16(D), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 16(A). Your notice to us must be sent via email to:  [email protected].  For a period of sixty (60) days from the date of receipt of notice from the other party, COMPANY and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or COMPANY to resolve the Dispute or Excluded Dispute on terms with respect to which you and COMPANY, in each of our sole discretion, are not comfortable.
2. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 16(A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND COMPANY (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES OR ADVERTISING AVAILABLE ON OR THROUGH THE SERVICES. For U.S. residents, the Federal Arbitration Act ("FAA"), not state law, shall govern the arbitrability of all disputes between COMPANY and you regarding these Terms (and any Additional Terms) and the Services, including the "No Class Action Matters" Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. COMPANY and you agree, however, that the applicable state, federal or provincial law, as contemplated in Section 16(H) below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and COMPANY regarding these Terms and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction's choice of law principles.

Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules ("Rules") of the American Arbitration Association ("AAA"), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. ("JAMS") using JAMS' streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of COMPANY consent to in writing. If an in-person arbitration hearing is required and you are a U.S. resident, then it will be conducted in Duval County, Florida. You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require COMPANY to pay a greater portion or all of such fees and costs in order for this Section 16 to be enforceable, then COMPANY will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or the Services..

1. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 16(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 16(A); (b) filing for arbitration as set forth in Section 16(B); or (c) filing an action in state, Federal or provincial court.
2. Injunctive Relief. The foregoing provisions of this Section 16 will not apply to any legal action taken by COMPANY to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, your User-Generated Content and/or COMPANY's intellectual property rights (including such COMPANY may claim that may be in dispute), COMPANY's operations and/or COMPANY's products or services.
3. No Class Action. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 16(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 16(F). Notwithstanding any other provision of this Section 16, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this "No Class Action Matters" section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
4. Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Duval County, Florida. Accordingly, you and COMPANY consent to the exclusive personal jurisdiction and venue of such courts for such matters.
5. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
6. Governing Law. These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions
7. Contact Information for Arbitration Rules and Procedures: You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com

 

 

• Entire Agreement

 

 

These Terms constitute the entire agreement between you and COMPANY with respect to your use of the Services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and COMPANY with respect to our Services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.