Terms of Service
Through the SendWP software, SendWP, LLC, (the “Company” or “we” or “us”) provides a transactional email service (the “Service”) which allows users, through automated means or otherwise, to create and send transactional email (“Content”) using the SendWP software (the “Software”). The Service is accessible at sendwp.com and any associated subdomains (the “Website”). Any party using the Service, the Software and/or the Website including any employees, independent contractors or representatives, will be referred to as the “Publisher” or “you” for the purpose of these Terms of Service (the “Terms of Service” or “Terms”). By using any or all of the Service, Software and/or the Website or by signing up for an account on the Website or at any partner site (an “Account”), the Publisher accepts and agrees to be bound by these Terms. Any Account that requires payment is a “Premium Account”. We reserve the right to amend these Terms at any time for any reason or for no reason and with or without notice. By your continuing use of the Service, you agree to be bound by all
amendments. If you do not agree to these Terms of Service, you may not use the Website, Software, or Service.
Warranties and Representations. You hereby warrant and represent that you are at least eighteen (18) years of age and are competent to contractually bind yourself or the entity that you represent. You further represent and warrant that you are without any disability and possess authority to bind yourself or the entity on whose behalf you act by agreeing to these Terms. You further warrant and represent that all information supplied to us by you is true and correct, including your name, your company name if applicable, and your mailing address and billing information, including a valid payment source, where applicable. By using the Service, Software and/or the Website, you warrant and represent that you will not use the Website, Software and/or the Service in any way that violates any laws or regulations. The Publisher is responsible for determining whether the Service, Software and/or the Website is appropriate for the Content and for ensuring that the Publisher’s use of the Service, Software, and Website does not violate any law or regulation.
Term and Termination. These Terms apply immediately, continuously, and in perpetuity. When you sign up for an Account (either through a free trial, detailed below, or a paid subscription for a Premium Account) and during and after your use of the Software, Service or any part of the Website, you agree to be bound by these Terms, as amended. These Terms continue in full effect for at least as long as you maintain an Account and/or you use the Service, Software and/or the Website. We, in our sole business discretion, may terminate your Account (or any part thereof) or your use of the Service, Software, and/or Website and remove and discard any Content, for any reason or for no reason, at any time. We may also, in our sole business discretion, for any reason or for no reason, and at any time, discontinue
or suspend your access to the Service, Software and/or Website, or any part thereof, with or without notice. The Company shall not in any circumstances be required to provide any notice to the Publisher of termination or suspension of your Content or access to the Service, Software and/or Website. In exercising our rights pursuant to these Terms, we may, in our sole business discretion, deactivate, delete or limit your access to the Account and any corresponding information and files without any liability. Under no circumstances shall we be liable to you or any third-party for termination or suspension of your or any Account.
Ownership of Account. The party whose name appears in the Account details shall be the owner of the Account. Should any dispute arise as to the ownership of an Account, absent a Court Order directing otherwise, we will look solely to the details provided in the Account. We will not arbitrate any disputes about Account ownership. Should multiple parties claim ownership over an Account and the Account details contain any ambiguity, the parties shall independently negotiate a resolution. Should a dispute over ownership of an Account arise, we reserve the right to suspend or terminate that Account pending resolution of the dispute.
Confidentiality. You are responsible for the confidentiality of your username and password. If at any time you learn that your personal information has been compromised, you shall immediately notify us. We are not responsible for any losses you incur due to lost, stolen, or hacked passwords. We do not have access to your password and can only trigger a password reset.
Modifications. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service, Software, and/or Website (or any part thereof), for any reason or for no reason, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, Software, and/or Website.
Payment. Payment for the Service takes place automatically on a monthly or annual basis. Payment occurs on the date closest to the date you originally signed up for the Service. We will automatically charge the payment source on file in the Account (“Payment Source”) according to the pricing schedule found on the Website. If the Payment Source is invalid, we reserve the right to cancel the Account pending payment or to grant the Publisher a grace period to provide a valid Payment Source. During the grace period, the length of which is at our sole business discretion, we may place ads in the Content on which the Publisher will have no right to any revenue generated. We also reserve the right to place ads in Content from any non-Premium Account.
Refunds and Cancellation. You may cancel the Service at any time through the Account section of the Website or by emailing our support staff at the address located on the Website. Refunds are within our sole business discretion. We do not offer pro rata refunds.
Premium Features and Upgrades. From time to time, we may introduce new features and upgrades to the Service that may require payment for Publishers to use. We will notify Publishers of such changes through the e-mail address noted in the Account details. Publishers will be billed after any applicable trial or evaluation period.
Free Trial. Upon initial sign-up for the Service, Publishers may be eligible for up to a free trial, subject to these Terms. It is within our sole business discretion whether a Publisher is eligible for a free trial and the corresponding length of any trial. At the end of any free trial, we may bill the Payment Source and convert any free trial to a Premium Account without further notice.
Ownership of Website, Content, Service, and Software. We are the sole owner of the Website, Service, and Software, and all content that appears on the Website, in the Service, and through the Software (“SendWP Content”). You may use the Software and SendWP Content solely in conjunction with the Service and consistent with these Terms. You may not modify, resell, redistribute, reverse engineer or otherwise manipulate the Website, Software, SendWP Content, and/or Service. Except as expressly provided for in this Section, no other rights, title or interest in the Website, Software, Service and/or SendWP Content is provided hereunder.
Our Intellectual Property. Certain of the names, logos, and other materials displayed in the Service, Software, Website and the SendWP Content constitute our intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (together, the “Intellectual Property”). You are not authorized to use any Intellectual Property without our express written consent. Ownership of the Intellectual Property remains with us, and you agree not to make any claims or assertions of any other party’s ownership of the Intellectual Property.
Publisher’s Intellectual Property. You represent and warrant that you own or have permission to use all of the material in the Content you make available using the Service. Any violation of any third party’s intellectual property rights, including, but not limited to, patents, trademarks, service marks, trade secrets and copyright, will result in removal of the infringing Content and termination of the Publisher’s participation of the Service. Moreover, you agree to indemnify, save, defend, and hold harmless us, our affiliates and subsidiaries, and our agents and assigns, against any claim arising out of your violation of the intellectual property rights of any third party.
Copyright Infringement. If you are a copyright owner and you believe that a Publisher has infringed upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing a written statement to our Copyright Agent at
email@example.com pursuant to 17 U.S.C. § 512(c)(3) that includes:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If the notification does not include all of the above listed requirements, it may not be valid.
If you believe the Content at issue in any DMCA notice does not infringe or you have authorization from the copyright owner, you may file a counter-notice with our Copyright Agent pursuant to 17 U.S.C. § 512(g)(3) that includes:
(i) Your physical or electronic signature.(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.(iii) A statement under penalty of perjury that you had a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court in the Eastern District of Tennessee and a statement that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If our Copyright Agent receives a Counter-Notice, we will use our discretion as to whether it will send the counter-notice to the party who sent the DMCA. If the party who sent the DMCA does not respond or file an action seeking a court order, we may replace any removed Content within 14 business days of receipt of the counter-notice.
Acceptable Use Policy. Publishers agree they will not utilize the Service, Website, Software or SendWP Content to offer illegal goods or services or to send emails that constitute spam or that violate the CAN-SPAM Act, the EU Opt-in Directive, Canada’s Anti-Spam Regulation or any other country’s applicable SPAM rules and regulations. Publishers may not provide any misleading or false information in any Content.
Your Content, including but not limited to text, images, audio material, video material and audio-visual material, shall not be illegal or unlawful, may not infringe on any third-party’s legal rights, and shall not be capable of giving rise to legal action whether against you, us, or any third party. We take no responsibility and assume no liability for any Content created by you or any third party.
Notwithstanding our rights under these Terms, we do not undertake to monitor the submission of all Content to, or the publication of such Content through, the Software, Service, and/or Website.
You shall not use the Website, Service, Software, and/or SendWP Content in a way that causes, or may cause, damage to or impairs the availability or access to the Website, Service, SendWP Content, or Software. You shall not decompile, reverse engineer, disassemble or otherwise reduce the Website, Service, SendWP Content, or Software. You shall not use the Website, Service, SendWP Content, or Software to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You shall not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to the Website, Service, SendWP Content, or Software without our express written permission.
ADVERTISEMENTS AND OPTIONAL ADVERTISING PROGRAM
Eligibility. Certain Publishers who have Premium Accounts may opt-in to our advertising program (“Ad Program”). It is within our sole discretion who may join the Ad Program and we reserve the right to refuse participation or terminate any Account or participant in the Ad Program at any time. Participation in the Ad Program is subject to your compliance with these Terms. Any termination of Your enrollment in the Ad Program may result in your forfeiture of any outstanding account balances. Any Publisher may insert their own advertisements in their Content. We are not responsible for any advertisements inserted by a Publisher.
Ad Program Features. We may insert ads into Content for Publishers who choose to join the Ad Program. We have sole discretion in choosing the ads that will appear in a Publisher’s Content.
Ad Program Payments. Publishers who elect to join the Ad Program will receive 75% of the net profit from the insertion of the ads, as determined by us in our sole business discretion. All Ad Program payments are determined by us in our sole business discretion. Unless otherwise agreed to by the Company and the Publisher in writing, we will send payments to you approximately forty-five (45) days after the end of each calendar month during which an advertisement has run if your earned balance is $25 in United States dollars (“USD”) or more. In the event you wish to terminate your participation in the Ad Program, we will pay your earned balance to you within approximately fortyfive (45) days after the end of the calendar month in which you terminate. In no event shall we make payments for any earned balance less than $10 USD, and you hereby forever waive payment for any Ad Program participation reflecting an ending balance of less than $10 USD.
To ensure proper payment, you are solely responsible for providing and maintaining accurate contact, payment and tax information associated with the Account. For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number. For non-U.S. taxpayers, this information includes without limitation either a signed certification that the taxpayer does not have U.S. Activities or a fully-completed Form W-8 or other form, which may require a valid U.S. tax identification number, as required by the U.S. tax authorities. We reserve the right to deduct any bank fees related to failed payments from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Ad Program, and you agree to be liable to us for all damages we suffer as a result of your failure to do so, and to indemnify, save, defend, and hold harmless us, our affiliates and subsidiaries, and our agents and assigns against any claim arising out of your failure to fulfill any financial obligation to any bank or government
Ad Program Payments, Exclusions. Notwithstanding the foregoing, we shall not be liable for any payment based on: (a) any amounts which result from invalid clicks or impressions generated by any person, bot, automated program or similar device, as reasonably determined by us in our sole business discretion, including without limitation through any clicks or impressions (i) originating from your IP addresses or computers under your control or (ii) solicited by payment of money, false representation, or request for end users to click or view on advertisements; (b) ads benefiting charitable organizations and other placeholder, house or transparent advertisements that we may deliver; (c) our advertisements for our own products and/or services; (d) clicks co-mingled with a significant number of invalid clicks
described in (a) above, or (e) as a result of any breach of the Terms by you, your agents or assigns.
We reserve the right to withhold payment or charge back your Account for (1) any breach of these conditions by you, pending investigation by us, or (2) in the event that an advertiser defaults on payment for any advertisements placed by us in your Content. In addition, if your Account is past due, we reserve the right to withhold Ad Program payments until you have made all outstanding payments due to us. We reserve the right without exception to utilize Ad Program payments to offset amounts owed by you to us.
Payment Methods, Pricing and Disputes. We enable payment via PayPal and any other suitable mechanism at its sole discretion. We may change our pricing and/or payment structure for the Ad Program at any time. If you dispute any payment made under the Ad Program, you shall notify us in
writing within thirty (30) days of any such payment. Failure to notify us within the thirty (30) day time period shall result in a waiver by you of any claim relating to any such disputed payment. Paymen shall be calculated solely based on records maintained by us and in our sole business discretion. No other measurements or statistics of any kind shall be accepted by us or have any effect under these Terms.
No Guarantees. We make no warranty or guarantee of any kind with respect to the number of advertisement impressions or clicks, the timing of delivery of any impressions and/or clicks, or the amount of any payment to be made to you, and we hereby expressly disclaim any and all warranty, express or implied, with respect to the Ad Program, including without limitation the warranty of merchantability and of fitness for any particular purpose.
Prohibitions. You shall not misrepresent the nature of the content of your advertisements, or of your Content where we place advertisements. You shall not, and shall not authorize or encourage any third party to: (i) directly or indirectly generate advertisement click throughs and/or impressions, through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of software robots or other automated technologies; (ii) remove, obscure or minimize any advertisement part of the Ad Program in any way; (iii) provide anything other than a direct link from an advertisement to the advertiser page; and/or (iv) “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any advertisements, or their links. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of these Terms and that we may pursue any and all applicable legal and equitable remedies against you,
including an immediate suspension or termination of the Account, and the pursuit of all available civil or criminal remedies, whether provided for herein or otherwise.
Limitation of Liability. SendWP, LLC, its affiliates and subsidiaries, its agents and assigns, its shareholders, members, managers, and employees, shall not be liable to any party, including, but not limited to, Publishers, subscribers, or users of the Website, Software, SendWP Content, and/or Service, for any loss, including indirect, incidental, special, punitive or consequential damages, that results from your access or use of the Software, Service, SendWP Content, and/or the Website. To the maximum extent provided by law, any party using the Service, SendWP Content, or Software, or using or visiting the Website assumes full responsibility for any loss that results from such use. Our total liability for any claims related to the Software, Service, SendWP Content, or use of the Website shall be in no event
more than the amount paid for the month of Service in which the claim is alleged.
Indemnification. You agree to indemnify, save, defend, and hold harmless SendWP, LLC, its affiliates and subsidiaries, its agents and assigns, its shareholders, members, managers, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorney’s fees) arising from (1) your use of and access to the Software, Service, SendWP Content, and/or Website; (2) your violation of any term set forth in these Terms; and (3) your violation of any third-party rights, including, but not limited to, any intellectual property rights such as copyright, trademark, trade secret, or patent. This provision shall survive any termination of these Terms, whether as provided herein or otherwise.
Third-Party Links. Publishers may utilize the Service to provide links to third-party websites. The Publisher’s use of other sites or resources is governed by terms on or related to such sites or resources. Use of such sites or resources is at the Publisher’s risk. The Company is not responsible for the availability of such external sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
Compliance with Laws. You may not use the Service or the Website for any unlawful of
discriminatory activities. If you or the entity you represent are subject to any laws or regulations, we are not and shall not be not responsible for and cannot be held liable for any failure of the Service, Software, SendWP Content, or Website to meet those requirements. It is the Publisher’s responsibility to ensure all Content complies with your country’s and your subscribers’ country’s applicable rules and regulations including, but not limited to, laws relating to electronic communications, spam, intellectual property, privacy, and data protection.
Special Warning Regarding Financial Matters. Prior to the execution of any stock trade, you are advised to consult with your broker or other financial representative to verify pricing or other information. The Company shall have no liability for trading or investment decisions based upon the Content or information provided. We do not warrant or guarantee the timeliness, sequence, accuracy, or completeness of any Content or information. Additionally, there are no warranties as to the results obtained from the use of the information.
Disclaimer of Warranty.
1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, SENDWP CONTENT, WEBSITE AND SOFTWARE IS AT YOUR OWN RISK. NEITHER SENDWP, LLC, ITS AFFILIATES OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT (1) THAT THE SERVICE, SENDWP CONTENT, WEBSITE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (2) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, SENDWP CONTENT, WEBSITE OR SOFTWARE INCLUDING THEIR ACCURACY, RELIABILITY, QUALITY, ADEQUACY, TIMELINESS OR AUTHENTICITY, (3) AS TO THE ACCURACY, RELIABILITY, QUALITY, ADEQUACY, TIMELINESS OR AUTHENTICITY OF ANY CONTENT, INFORMATION, SERVICE, PRODUCTS, MERCHANDISE, OR OTHER MATERIAL PURCHASED PROVIDED BY OR THROUGH THE SERVICE.
2. THE SERVICE, SOFTWARE, WEBSITE AND SENDWP CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION REGARDLESS OF WHETHER SENDWP, LLC, INC. HAD NOTICE OF THE CAUSE OR SUCH CAUSE WAS FORESEEABLE.
4. IN NO EVENT WILL SENDWP, LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE, WEBSITE, SENDWP CONTENT OR SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFIT OR REVENUE OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, WEBSITE, SENDWP CONTENT OR SOFTWARE.
5. THESE DISCLAIMERS AND LIMITATIONS SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THESE TERMS.
6. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In that event, the parties agree that these limitations should be construed to be given the maximum effect allowable by law.
Attorney’s Fees. If we prevail in any action against you for any claimed breach of these Terms, you agree to pay, in addition to any damages, our reasonable attorney fees.
Subpoenas. If we must provide information in response to a subpoena about you or the Account, we reserve the right to charge you and you agree to be liable for the costs to comply, including, but not limited to reasonable attorney fees, employee time, and administrative costs.
Equitable Relief. You acknowledge and agree that in the event of certain breaches of these Terms, we may suffer irreparable injury, such that no remedy at law will afford us adequate protection against, or appropriate compensation for, such injury. Accordingly you agree that we shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict of law principles. Further, all actions or proceedings related to these Terms, the Service, Software, SendWP Content, and/or Website shall be instituted in the Circuit Court of Bradley County, Tennessee. You consent to personal and subject matter jurisdiction in the same Court, and you agree that the same Court is an appropriate and convenient venue, and you hereby waive any claim or objection you may have with respect to jurisdiction or venue. To the extent that any subject matter in dispute is exclusively a matter of federal jurisdiction, you agree that such action or proceeding shall be instituted in the Federal District Court for the Eastern District of Tennessee; you consent to personal and subject matter jurisdiction there, and you agree that the same Court is an appropriate and convenient venue, and you hereby waive any claim or objection you may have with respect to jurisdiction or venue.
Assignment. You may not assign any of your rights under these Terms. We reserve the right to assign any rights to any individual or entity.
Force Majeure. If the Company is unable to perform its obligations under the Terms or in the event the Service, Software, SendWP Content, or Website are unavailable due causes beyond our control (“Force Majeure”), you agree that we shall not be liable for any damages to any party due to such an occurrence. The term Force Majeure shall include, without limitation, Acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, national emergencies, insurrections, riots, wars, strikes, lock-outs, or work stoppages.
Severability. If any term or condition of these Terms is held to be invalid, void, or otherwise unenforceable by any court of competent jurisdiction, that holding shall in no way affect the validity or enforceability of any other term or condition of the Terms. The invalid, void, or unenforceable term or condition shall be severed from the Terms and the remaining terms and conditions enforced to the full extent allowable under law or equity.
Relationship of the Parties. Nothing contained herein shall place the parties in the relationship of partners, joint ventures, principal-agent, or employer-employee and neither party shall have any right to obligate or bind the other in any manner whatsoever.
No Waiver. The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.
Headings. The headings in these Terms are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of the Terms.
Notice. If you send us an email, register for an Account, use the Service, Software, SendWP Content, or Website, or if you provide your email to us in any other way, you consent to receive communications from us electronically, and you agree that all legal notices provided via electronic means from us satisfy any requirement for written notice.
Notices. If you have any questions regarding these terms of service or if you wish to request any information from SendWP, LLC, you may contact us at firstname.lastname@example.org, or by mail at:
SendWP, LLC 1809 Keith Street NW, Cleveland, TN 37311