Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and Terms and Conditions of Web site Access and Use.
6. Personal Login Information. Certain features and areas of the Website may be available only with registration, login, and/or a subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. Oberman & Rice is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Oberman & Rice (by phone: (865) 249-7200 or via email: email@example.com or firstname.lastname@example.org) immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
8. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Website and not interfere with the use and enjoyment of the Website by other users or with Oberman & Rice’s operation and management of the Website. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Oberman & Rice reserves the right to terminate your access and use of the Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, or defame or otherwise harm any party, including TNDUI.COM; any attorney, agent, or employee of Oberman & Rice; and/or Website Parties (as defined below, Section 17), through your use of the Website. Oberman & Rice may, at its sole discretion and at any time, refuse, reject or delete any posts or other contributions made by the user.
9. Proprietary Rights. The content of the TNDUI.COM Website includes, without limitation, (i) TNDUI.COM trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “TNDUI.COM Website Marks”); and (ii) Oberman & Rice trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively referred to herein as “Oberman & Rice Marks”); and (iii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork; and (iv) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Website (the items identified in subsections (i) (ii) (iii) and (iv) shall be collectively referred to herein as “Website Content”). Website Content is the property of Oberman & Rice, its contributors, licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Website Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Oberman & Rice or the owner of such content if Oberman & Rice is not the owner. Any use of the TNDUI.COM Website Marks and/or Oberman & Rice Marks without Oberman & Rice’s written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Website Content, including any such notices appearing on any Website Content you are permitted to download, transmit, display, print, or reproduce from the TNDUI.COM Website.
Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the Website is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the Website does not guarantee the confidentiality or security of any communication or other material transmitted to or from the TNDUI.COM Website over the Internet or other communication network. Oberman & Rice shall not be obligated to correct or update the Website or the Website Content and shall not be liable for omissions, typographical errors, or out-of-date information, which may appear on the Website.
No Legal Advice and Disclaimer as to Accuracy of Information. The information on the Website and Website Content are for informational purposes only, and is not legal advice or a substitute for legal counsel. Use of the website or communication through the Website, including, but not limited to, email, electronic submission, and/or telephone communication, does not create an attorney-client relationship with any of our contributing Attorneys.
The information contained in the Website and Website Content may or may not reflect the most current legal developments; accordingly, information on the Website is not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Website or the Website Content should be used as a substitute for advice of competent counsel. The materials on the Website and Website Content do not constitute legal advice and do not necessarily reflect the opinions of Oberman & Rice.
Third Party Information. The Website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Website are those of the respective third party and not of Oberman & Rice, its affiliates or contributors. Oberman & Rice makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
No Confidentiality. Any electronic communications transmitted through or posted to the Website, or electronic communications sent directly to Website Parties and/or Oberman & Rice (e.g. email, contact form submission) are not confidential.
11. Links to Third Party Websites. The TNDUI.COM Website may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over whom Oberman & Rice exercise no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Website, you do so entirely at your own risk.
12. Links to Websites, Content, Sharing of Content. Links posted by third parties to the Website and/or Website Content may not use the Website trademark or logo and shall not suggest that the TNDUI.COM Website promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the Website shall be the responsibility of the linking party. The Website reserves the right to require any linking party to disable or remove any link that violates the Website’s policies, rights or causes interruption or deterioration of Website Content.
You may download or copy Website Content and other downloadable items displayed on the Website for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Website Content for other than personal use is expressly prohibited without prior written permission from Oberman & Rice or the copyright holder identified in the copyright notice contained in the Website Content.
13. Warranties Disclaimed. THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER OBERMAN & RICE, ITS AFFILIATES, CONTRIBUTORS, SUBSIDIARIES, MEMBERS, WEBSITE DESIGNER, OR SITE ENGINE OPTIMIZATION PROVIDER, NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “WEBSITE PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE WEBSITE OR WEBSITE CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) WEBSITE CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
14. Exclusion of and Limitation of Liability. OBERMAN & RICE AND ALL WEBSITE PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR ANY WEBSITE CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE WEBSITE AND/OR WEBSITE CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE WEBSITE ARISING OUT OF CAUSES BEYOND TNDUI.COM WEBSITE’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE WEBSITE CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE WEBSITE OR WEBSITE CONTENT.
15. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 13 AND 14 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OBERMAN & RICE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Eastern District of Tennessee or any State of court located in Knox County, Tennessee.
23. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Revised August 2012