TERMS AND CONDITIONS

Last Updated: April 16, 2025

1. INTRODUCTION

Welcome to dakotaholloway.com (“the Website”). These Terms and Conditions (“Terms”) govern your access to and use of the Website and all content, services, and products available through the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the Website.

2. DEFINITIONS

• “Content” means all text, images, photos, audio, video, graphics, and information available through the Website.
• “User,” “you,” and “your” refers to individuals who access or use the Website.
• “We,” “us,” and “our” refer to the owner and operator of dakotaholloway.com.

3. ACCEPTANCE OF TERMS

By accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Website following any changes constitutes your acceptance of such changes.

4. WEBSITE ACCESS AND USE

4.1 License to Access

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes.

4.2 Prohibited Activities

You agree not to:

• Use the Website in any way that violates any applicable local, state, national, or international law or regulation
• Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website
• Use automated means, including spiders, robots, crawlers, or data mining tools to download data from the Website
• Bypass measures used to prevent or restrict access to the Website
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website without express written permission

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership

All right, title, and interest in and to the Website and its Content, including all intellectual property rights, are owned by or licensed to us. Nothing in these Terms grants you any right, title, or interest in the Website or its Content, other than the limited license expressly set forth in these Terms.

5.2 Trademarks

All trademarks, service marks, and trade names used on the Website are proprietary to their respective owners and may not be used without permission.

6. USER CONTENT

6.1 Responsibility for Content

If you submit, upload, post, or transmit any content to the Website (“User Content”), you are solely responsible for such User Content and the consequences of submitting it.

6.2 License Grant

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

6.3 Representations and Warranties

You represent and warrant that:

• You own or have the necessary rights to submit the User Content
• The User Content does not infringe upon the rights of any third party
• The User Content does not contain any material that is unlawful, threatening, abusive, defamatory, invasive of privacy, or otherwise objectionable

7. PRIVACY POLICY

Your use of the Website is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our practices regarding your personal information.

8. THIRD-PARTY LINKS

The Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

9. DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE WEBSITE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
• ANY ERRORS OR DEFECTS WILL BE CORRECTED
• THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE
• ANY CONTENT OBTAINED FROM THE WEBSITE
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, our affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Your use of the Website
• Your violation of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right

12. TERMINATION

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.

13. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, United States of America, without regard to its conflict of law provisions.

14. DISPUTE RESOLUTION

Any dispute arising out of or relating to these Terms or the Website shall be settled by binding arbitration in accordance with the rules of Tennessee Academy of Mediators & Arbitrators (TAMA). The arbitration shall be conducted in Murfreesboro, Tennessee..

15. SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us regarding the Website and supersede all prior and contemporaneous written or oral agreements between you and us.

17. CONTACT INFORMATION

For any questions about these Terms, please contact us at:

Email: dh@dakotaholloway.com Address: Murfreesboro, Tn.

By using dakotaholloway.com, you acknowledge that you have read these Terms and agree to be bound by them.