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TERMS OF USE |
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| Mays & Associates |
Welcome to the Mays & Associates Web site (the "Site").
The Site is provided by Mays & Associates incorporated ("Mays
& Associates"), subject to your compliance with the
terms and conditions set forth below (the "Agreement").
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE AND
AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF
YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, WE ASK THAT YOU
NOT ACCESS OR OTHERWISE USE THE SITE.
MAYS & ASSOCIATES MAY MODIFY THIS AGREEMENT AT ANY TIME
BY POSTING A MODIFIED VERSION TO THE SITE. IF YOU DO NOT WISH
TO BE BOUND BY THE MODIFIED AGREEMENT, YOU SHOULD IMMEDIATELY
DISCONTINUE USE OF THE SITE. CONTINUED USE OF THE SITE FOLLOWING
POSTING OF THE MODIFIED AGREEMENT SHALL BE DEEMED YOUR ACCEPTANCE
THEREOF.
1. Your Responsibilities. Mays & Associates encourages you
to exercise discretion in using the Site. The Site is for your
informational, noncommercial purposes only. You, and not Mays
& Associates, shall have sole responsibility for the following:
(1) ensuring that your use of the Site complies with all legal
obligations, including but not limited to, obligations imposed
by copyright, trademark, trade secret, defamation, publicity,
privacy, and export laws; and (2) using the Site for lawful
purposes only. In addition, you shall not use the Site t (1)
post or transmit any materials that infringe in any way upon
the rights of others (including but not limited to intellectual
property rights) or that is unlawful, threatening, abusive,
defamatory or that violate any rights of privacy or publicity;
or (2) advertise, solicit, or perform any commercial services.
2. Intellectual Property Ownership. The contents of this Site,
such as text, graphics, images, logos, button icons, software
and other "Material", are protected under United States
and foreign copyright, trademark and other laws. All Material
is the property of Mays & Associates or its content suppliers
or clients. The compilation (meaning the collection, arrangement
and assembly) of all content on this Site is the exclusive property
of Mays & Associates and protected by U.S. and international
copyright laws. Unauthorized use of the Material may violate
copyright, trademark, and other laws. You must retain all copyright,
trademark, service mark and other proprietary notices contained
in the original Material on any copy you make of the Material.
You may not sell or modify the Material or reproduce, display,
publicly perform, distribute, or otherwise use the Material
in any way for any public or commercial purpose. The use of
the Material on any other Web site or in a networked computer
environment for any purpose is prohibited.
Third party content (including but not limited to, third party
content which you access or obtain through the Site) will remain
the property of the respective owner and may be protected by
copyright, trademark, and other U.S. and international intellectual
property laws. By using the Site you do not acquire any right,
title or interest in any content.
(a) You Are Responsible for Ensuring That You Do Not Infringe
Upon Third Party Rights. You, and not Mays & Associates,
have sole responsibility for determining whether you have adequate
legal rights to use the Site in connection with any content
("Content"), and/or to access, store, reproduce or
otherwise make use of any Content on or through the Site. This
responsibility includes the obligation to ensure that you comply
with all agreements and instructions governing the use of any
Content (e.g., prohibitions on reproduction or distribution),
as well as any applicable laws, regulations and ordinances (e.g.,
copyright and other intellectual property laws). You agree not
to transmit, disseminate, sell, publish, broadcast or commercially
exploit, in any manner, any Content which you access or obtain
on or through the Site, without the express written consent
of Mays & Associates or the applicable Content owner.
(b) Do Not Change or Delete Proprietary Rights Notices. You
agree not to change or delete any proprietary rights notices
from any Content which you access or obtain on or through the
Site. You further agree to comply with reasonable requests by
Mays & Associates to protect the Content owners and Mays
& Associates respective rights in the Content and the Site.
(c) Do Not "Frame" Mays & Associates Web pages
or Content. You may not mirror any Mays & Associates Web
page or Content on your Web site. Under no circumstances may
you present Content found anywhere on the Mays & Associates
site as your own or "frame" a Mays & Associates
Web page or Content with another Web page.
(d) Violations and Legal Liability. You understand that violating
any of these provisions could subject you to legal liability.
Mays & Associates reserves the right to remove any Content
from the Site in the event that Mays & Associates receives
notice or otherwise becomes aware that the use of the Content
constitutes infringing activity. Mays & Associates shall
incur no liability whatsoever regarding the removal by Mays
& Associates of any Content, and Mays & Associates shall
have no obligation to evaluate the merit, adequacy, or sufficiency
of any such notice.
3. This Site Is Not Warranted or Guaranteed in Any Way. YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE.
THE SITE AND ALL CONTENT, INFORMATION, PRODUCTS, OR SERVICES
CONTAINED ON, OR MADE AVAILABLE THROUGH, THE SITE ARE PROVIDED
"AS IS" AND "AS AVAILABLE," WITH NO WARRANTIES
WHATSOEVER, EXPRESS OR IMPLIED. MAYS & ASSOCIATES EXPLICITLY
DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS.
MAYS & ASSOCIATES DOES NOT WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
MAYS & ASSOCIATES DOES NOT WARRANT THAT YOUR USE OF THE
SITE WILL NOT INFRINGE UPON THE INTELLECTUAL PROPERTY OR PROPRIETARY
RIGHTS OF ANY PARTY. BY USING THIS SITE YOU ASSUME ALL RESPONSIBILITY
AND RISK RELATING THERETO.
Mays & Associates does not warrant or guaranty the accuracy,
completeness, timeliness, or correct sequencing of any content,
services, functions, materials, or information. In addition,
there may be delays and inaccuracies in content, and content
may become unavailable. Mays & Associates, and the respective
content providers, shall have no liability whatsoever for the
accuracy, completeness, timeliness, or correct sequencing of
the foregoing, or for any decision or action taken by you in
reliance thereof, or for interruption of any services and/or
data.
Mays & Associates makes no representation that any content
accessed or obtained on or through the Site are appropriate
or available for use in any particular location. Accessing them
from locales where their use is illegal is expressly prohibited.
You hereby waive all claims against Mays & Associates arising
from or relating to this Agreement, the Site, and/or your use
thereof.
4. Limitation of Liability. AS THE USER, YOU ASSUME ALL RISKS
AND LIABILITIES ASSOCIATED WITH THE USE OF THE SITE. UNDER NO
CIRCUMSTANCES SHALL MAYS & ASSOCIATES BE LIABLE TO ANY PARTY
FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE, ARISING FROM OR RELATING TO ANY
USE OF, OR INABILITY TO USE, THE SITE, EVEN IF MAYS & ASSOCIATES
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole
and exclusive remedy under this Agreement is to discontinue
use of the Site.
5. Indemnification. As the user, you agree to indemnify, defend,
and hold harmless Mays & Associates, its officers, directors,
employees, agents, licensors, suppliers, and any third parties
whose content is accessed or used on or through the Site from
and against all losses, expenses, damages, and costs (including
reasonable attorneys fees) resulting from any violation of this
Agreement, or any activity arising from or related to the Site
by you (including negligent and wrongful conduct, and conduct
which infringes upon the intellectual property or proprietary
rights of any party).
6. No Responsibility for Third Party Content. Mays & Associates
is not a publisher of third party content. Rather, its services
are in the nature of a distributor of content. Accordingly,
Mays & Associates has no more editorial control over such
content than does a library or a newsstand. Any content, opinions,
advice, statements, or services displayed on or through the
Site are those of the respective author and/or applicable distributor,
and not of Mays & Associates.
7. Mays & Associates Assumes No Responsibility for Third Party
Links. The Site may contain links to third party Web sites.
The linked sites are not under the control of Mays & Associates,
and Mays & Associates is not responsible for the contents of
any linked site or any link contained in a linked site. The
contents of linked sites may or may not constitute materials
in the public domain. Mays & Associates makes no representations
concerning the copyright protection due the contents found on
linked sites. Permission to reproduce materials and contents
found on linked sites may be required and you are solely responsible
for making such determination. Mays & Associates provides such
links only as a convenience, and the inclusion of a link does
not constitute or imply any endorsement of the linked site by
Mays & Associates.
8. Registration Information Provided to Mays & Associates
and Your Privacy Rights. Any identifying information you provide
to us or which we collect about you will be used only in accordance
with our privacy policy, the terms of which are incorporated
into this Agreement by this reference. If you have not done
so already, please take a few moments to review the privacy
policy which may be accessed at the bottom of the Home Page.
You may also access the privacy policy from within the Site
via one of the links provided on the individual pages of the
Site.
9. Applicable Laws. This Site is controlled by Mays & Associates
from its offices in Tennessee, USA, although it is accessible
worldwide over the Internet. By accessing the Site and/or the
Service, you agree that the laws of the State of Tennessee (without
regard to the conflicts of laws principles thereof) will apply
to all matters relating to your use of this Site. In addition,
you also agree and hereby submit to the exclusive personal jurisdiction
and venue of the courts in the State of Tennessee.
10. Severability. If any provision of this Agreement is held
to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable,
and such decision shall not affect the enforceability of such
provision under other circumstances, or of the remaining provisions
hereof under all circumstances.
11. Entire Agreement. This Agreement contains the full understanding
of the parties and supersedes all prior agreements and understandings,
written or oral, between the parties with respect to the subject
matter hereof; and there are no representations, warranties,
agreements or understandings other than those expressly contained
herein. Notwithstanding the foregoing, Mays & Associates
reserves the right to change the terms and conditions of this
Agreement at any time and without prior notice. Such changes
will be posted on this page. |
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