1. Introduction

Welcome to Hank's Honkytonk ("Hank's", "we", "our", or "us"), located at 2341 Memorial Blvd, Murfreesboro, TN. These Terms and Conditions ("Terms") govern your use of our website, services, and any SMS text messaging programs we offer (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Services.

2. Eligibility and General Site Use

The Services are intended only for individuals who are at least 21 years of age. By using the Services, you represent and warrant that you are at least 21 years old and legally able to enter into binding contracts in your jurisdiction.

You agree to use the Services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations. You agree not to use the Services in any way that could damage, disable, overburden, or impair our systems, or interfere with any other party’s use and enjoyment of the Services.

3. SMS/Text Messaging Program

By providing your mobile phone number to Hank's Honkytonk, you may choose to opt in to receive SMS or MMS text messages from us, including but not limited to promotional messages, event notifications, updates, and transactional messages related to your interactions with us (the "SMS Program").

Participation in the SMS Program is voluntary and not a condition of purchasing any goods or services from Hank's Honkytonk.

4. SMS Opt-In Consent

By opting in to our SMS Program, you expressly consent to receive recurring text messages from Hank's Honkytonk at the mobile number you provided. Your consent confirms that you are the subscriber or customary user of the mobile number provided and that you are authorized to provide this consent.

Opt-in methods may include, but are not limited to: entering your phone number on our website or online forms, signing up at our location, texting a keyword to a designated short code or long code, or otherwise providing clear written or digital consent to receive text messages from us.

5. Message Frequency and Fees

Message frequency may vary and can include up to several messages per month, depending on your interactions with Hank's Honkytonk, special events, promotions, and updates.

Message and data rates may apply to each text message sent or received in connection with our SMS Program, as provided in your mobile rate plan. Please contact your wireless carrier for details regarding your pricing plan. Hank's Honkytonk does not charge a separate fee for sending or receiving text messages; however, you are responsible for any charges imposed by your wireless carrier.

6. Opt-Out Instructions (STOP)

You may opt out of receiving SMS messages from Hank's Honkytonk at any time. To stop receiving text messages, reply STOP to any message you receive from us. After you send the STOP message, we will send you a confirmation text message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us, unless you opt in again.

Please note that opting out of promotional or marketing messages will not necessarily prevent you from receiving non-marketing or transactional messages related to your existing relationship with us, to the extent permitted by law.

7. Help and Support (HELP)

If you need assistance related to our SMS Program, reply HELP to any message you receive from us. We will respond with information on how to contact us for further support.

You may also contact us directly using the contact information provided in the "Contact Us" section of these Terms.

8. Privacy and Data Sharing

We respect your privacy and handle your personal information in accordance with our Privacy Policy. By using the Services or participating in the SMS Program, you acknowledge that your information may be collected and used as described in our Privacy Policy.

Opt-in data and consent for text messaging will not be shared with any third parties for their own marketing purposes. We may share your information with service providers who assist us in operating the SMS Program and our Services, but such service providers are not permitted to use your information for their own marketing.

9. Prohibited Conduct

You agree not to use the Services or SMS Program for any unlawful or abusive purpose, including but not limited to harassing, abusing, stalking, threatening, or otherwise violating the legal rights of others.

You agree not to attempt to gain unauthorized access to the Services, SMS systems, accounts, or networks connected to the Services, through hacking, password mining, or any other means.

10. Intellectual Property

All content and materials available through the Services, including but not limited to text, graphics, logos, images, and software, are the property of Hank's Honkytonk or its licensors and are protected by intellectual property laws.

You may not reproduce, modify, distribute, display, or create derivative works of any content from the Services without our prior written permission.

11. Disclaimers

The Services, including the SMS Program, are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, Hank's Honkytonk disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services or SMS Program will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. Your use of the Services and SMS Program is at your sole risk.

12. Limitation of Liability

To the fullest extent permitted by law, in no event will Hank's Honkytonk, its owners, employees, agents, or affiliates be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of profits, data, or goodwill, arising out of or in connection with your use of the Services or SMS Program, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if advised of the possibility of such damages.

To the fullest extent permitted by law, Hank's Honkytonk's total liability to you for all claims arising out of or related to these Terms, the Services, or the SMS Program will not exceed, in the aggregate, the amount you have paid to us, if any, for the Services giving rise to the claim in the twelve (12) months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Changes to the SMS Program or Terms

We reserve the right to modify, suspend, or discontinue the SMS Program or any part of the Services at any time, with or without notice, to the extent permitted by law.

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of these Terms. Your continued use of the Services or participation in the SMS Program after any such changes constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Services and cease participation in the SMS Program.

14. Governing Law

These Terms and any disputes arising out of or relating to your use of the Services or SMS Program will be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles.

Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in or serving Rutherford County, Tennessee, and you hereby consent to the personal jurisdiction and venue of such courts.

15. Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages. Message delivery is subject to the effective transmission and availability of your wireless carrier’s network.

16. Age Restriction

This SMS program is not intended for anyone under 18 years of age. Because Hank’s Honkytonk messages may reference alcoholic beverages, bar promotions or age-restricted events, subscribers must be 21 years of age or older. By enrolling, you confirm that you are at least 21 years old.

17. Contact Us

If you have any questions or concerns about these Terms, the Services, or our SMS Program, please contact us using the following information:

Hank's Honkytonk

Address: 2341 Memorial Blvd, Murfreesboro, TN

Phone: 615-410-7747

Email: [email protected]