Terms of Use
AGREEMENT BETWEEN USER AND TKDEWRELL
The TKDewrell Web Site is comprised of various Web pages operated by TKDewrell.
The TKDewrell Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of the
TKDewrell Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
TKDewrell reserves the right to change the terms, conditions, and notices
under which the TKDewrell Web Site is offered, including but not limited to the
charges associated with the use of the TKDewrell Web Site.
LINKS TO THIRD PARTY SITES
The TKDewrell Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of TKDewrell and TKDewrell
is not responsible for the contents of any Linked Site, including without limitation any
link contained in a Linked Site, or any changes or updates to a Linked Site.
TKDewrell is not responsible for webcasting or any other form of transmission
received from any Linked Site. TKDewrell is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by
TKDewrell of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TKDewrell Web Site, you warrant to
TKDewrell that you will not use the TKDewrell Web Site for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may not use the
TKDewrell Web Site in any manner which could damage, disable, overburden, or
impair the TKDewrell Web Site or interfere with any other party's use and
enjoyment of the TKDewrell Web Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available or provided
for through the TKDewrell Web Sites.
USE OF COMMUNICATION SERVICES
The TKDewrell Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public at large or
with a group (collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper and related to
the particular Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
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Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
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Upload files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer.
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Advertise or offer to sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages.
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Conduct or forward surveys, contests, pyramid schemes or chain letters.
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Download any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in such manner.
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Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
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Restrict or inhibit any other user from using and enjoying the Communication Services.
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Violate any code of conduct or other guidelines which may be applicable for any particular
Communication Service.
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Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
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Violate any applicable laws or regulations.
TKDewrell has no obligation to monitor the Communication Services. However,
TKDewrell reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. TKDewrell reserves
the right to terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
TKDewrell reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in whole
or in part, in TKDewrell's sole discretion.
TKDewrell does not use or disclose sensitive personal information, such as
race, religion, or political affiliations, without your explicit consent.
Always use caution when giving out any personally identifying information about yourself
or your children in any Communication Service. TKDewrell does not control or
endorse the content, messages or information found in any Communication Service and,
therefore, TKDewrell specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized TKDewrell
spokespersons, and their views do not necessarily reflect those of TKDewrell.
Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to such
limitations if you download the materials.
MATERIALS PROVIDED TO TKDEWRELL OR POSTED AT ANY TKDEWRELL WEB SITE
TKDewrell does not claim ownership of the materials you provide to TKDewrell
(including feedback and suggestions) or post, upload, input or submit to any
TKDewrell Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you are
granting TKDewrell, its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. TKDewrell is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in TKDewrell's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
TKDEWRELL WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TKDEWRELL AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TKDEWRELL WEB SITE AT
ANY TIME. ADVICE RECEIVED VIA THE TKDEWRELL WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TKDEWRELL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE TKDEWRELL WEB SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. TKDEWRELL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TKDEWRELL
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE TKDEWRELL WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
TKDEWRELL WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE TKDEWRELL WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
TKDEWRELL WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF TKDEWRELL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TKDEWRELL WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE TKDEWRELL WEB SITE.
SERVICE CONTACT: Email TKDewrell
TERMINATION/ACCESS RESTRICTION
TKDewrell reserves the right, in its sole discretion, to terminate your access
to the TKDewrell Web Site and the related services or any portion thereof at
any time, without notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Georgia, U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of courts in DeKalb County, Georgia, U.S.A. in all disputes
arising out of or relating to the use of the TKDewrell Web Site. Use of the
TKDewrell Web Site is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and TKDewrell as a result of this agreement or use of the TKDewrell
Web Site. TKDewrell's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in derogation of
TKDewrell's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the TKDewrell Web Site or information
provided to or gathered by TKDewrell with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between the user and TKDewrell
with respect to the TKDewrell Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and TKDewrell with respect to the TKDewrell Web Site.
A printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent an d subject to the same conditions as other business documents
and records originally generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the TKDewrell Web Site are: Copyright 2008 TKDewrell
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their
respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious.
No association with any real company, organization, product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE.
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