Terms of Use and Disclaimer

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE. By accessing or using any page of this Web site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not access or use any page of the Web site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Web site following the posting of changes to these terms will mean you accept those changes.

MEDIA. This Web site is owned, edited and operated by Hawkins Parnell Thackston & Young, LLP, a Georgia limited liability partnership with a home office at 303 Peachtree Street, N.E., 4000 SunTrust Plaza, Atlanta, GA 30308, and Kim M. Jackson, one of its partners.  References to “HPTY,” “We,” “Us,” “I” and “Our” may be construed as references to either Hawkins Parnell Thackston & Young, LLP and Kim M. Jackson, individually or collectively.

TRADEMARKS. All HPTY brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of HPTY and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trademarks and/or domain names without Our prior written consent.

OWNERSHIP OF CONTENT. Unless otherwise noted, all materials, including, but not limited to, news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Web site (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by Us or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site.

PROHIBITED USE OF CONTENT. Unless We have agreed in writing to the contrary you agree that you will not use the Web site, any Forum (defined below) and/or any of the Content:

  • in conjunction with any robot, spider, other automatic device, or manual process that enables you to monitor or copy the Web pages or the Content;
  • on any other web site or networked computer environment;
  • to create a database (electronic or otherwise);
  • to promote or encourage the sale of your goods/services or those of any third party;
  • to solicit other guests or users of the Web site to join or become members of any commercial online or offline service or other organization;
  • by transmitting or re-circulating it to any third party (otherwise than by use of a hyperlink in accordance with the “Linking” paragraph below);
  • in any way that involves removing copyright or trademark notice(s)
  • to disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or which is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or which may restrict or inhibit the use of the Web site and/or any of the Content by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability;
  • to disseminate any material which does or may bring HPTY or any of its brands into dispute or in any way damage its reputation;
  • to disseminate any material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data; or
  • to post link(s) that take users to material that contravenes any of the above restrictions.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. Materials may be made available via the Web Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Web Service for the inclusion of illegal or impermissible content. However, We respect the copyright interests of others. It is Our policy not to permit materials known by us to infringe another party’s copyright to remain on the Web Service. If you believe any materials on the Web Service infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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 us to locate the material;
  4. Information reasonably sufficient to permit Us 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;
  5. 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; and
  6. 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.

All DMCA notices should be sent to our designated agent as follows:

Hawkins Parnell Thackston & Young, LLP
Attn:  Kim M. Jackson, Esq.
303 Peachtree Street, N.E.
4000 SunTrust Plaza
Atlanta, GA 30308

(404) 614-7525
Email: kjackson@hptylaw.com

It is Our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

SOFTWARE. Copyright in any software that is made available for download from the Web site and/or the Content belongs to Us or Our suppliers. Your use of the software is governed by the terms of any license agreement that may accompany or be included with it. Do not install or use any software unless you agree to such license agreement.

COMMENTS AND COMMUNICATIONS. For the purposes of these terms of use “Comments” means any letters, e-mails, notes, memos, or other types of communications to the editors, Webmaster(s) or employees of HPTY, including messages posted as “comments” to individual blog entries or articles contained on the web site.

Comments are provided for your exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Comments that is inconsistent with those stated purposes or which is prohibited under these terms of use is prohibited. We have the right, but not the obligation to monitor or edit Comment content or Comment materials, and may do so at any time, including but not limited to the course of normal maintenance of the Web site and its systems or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Us; (2) protect and defend the legitimate business interests, rights or property of Us, Our users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of Our guests or the public. You shall remain solely responsible for the content of your Comments.

By uploading materials to any Comment or by submitting any materials to Us for the purpose of using same as part of a Blog entry, you automatically:

  • grant (or warrant that the owner of such rights has expressly granted) Us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, disclose, post, remove and/or distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe;
  • warrant that all so-called “moral rights” in those materials have been waived; and
  • warrant to Us that all such content complies in all ways with the provisions of these terms of use.

If you object to the publication of any material placed on the Web site please contact Us by sending an appropriately worded email to kjackson@hptylaw.com and we will take whatever action we deem appropriate.

We accept no responsibility for any statements, material or other submissions placed in Comments by users.

INDEMNIFICATION. You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of these terms of use or your use of the Web site.

NON-TRANSFERABILITY. Your right to use this Web site is not transferable. Any password or right given to you to obtain information is not transferable.

JURISDICTION. Unless otherwise specified, the Content on the Web site is presented solely for the purpose of discussing legal issues relevant in the United States, its territories, possessions, and protectorates.  HPTY makes no representation that Content on this Web site is appropriate or available for use in other locations.  Those who choose to access the Web site from other locations do so on their own initiative and are responsible for establishing the useability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.

All users, including those users who access the Web site from a country other than the United States, agree that the federal and state laws of Georgia shall govern any dispute, including those arising from Our use of personal information or otherwise relating to privacy.

TERMINATION. These terms are effective until terminated by either party.  You may terminate these terms at any time by destroying all Content obtained from any and all Web site(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise, and thereafter refraining from making any use of the Web site or the Content. The privileges granted to you by these terms will terminate immediately without notice from Us if, in Our sole discretion, you fail to comply with any provision of these terms. Upon termination, you must destroy all Content obtained from the Web site and all copies thereof, whether made under these terms or otherwise and thereafter refrain from making any use of the Web site or the Content. We may take such further action as We determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and We shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from Our exercise of Our rights under these terms of use.

DISCLAIMER. THE CONTENT IN THE WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILST WE ENDEAVOUR TO ENSURE THAT THE WEB SITE IS NORMALLY AVAILABLE 24 HOURS A DAY, IT SHALL NOT BE LIABLE IF FOR ANY REASON THE WEB SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. ACCESS TO THE WEB SITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR ANY OTHER REASONABLE CAUSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HAWKINS PARNELL THACKSTON & YOUNG, LLP OR KIM M. JACKSON BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEB SITE, EVEN IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.

NOT LEGAL ADVICE. The Content contained on the Web site has been prepared by Us as a service to Our readers and the Internet community. It is provided only for general information and is not intended to address your particular requirements or to constitute any form of advice or recommendation (including legal advice). We have used reasonable efforts in collecting, preparing and providing quality information and material, but do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Web site. Users of information from the Web site or links do so at their own risk and acknowledge that this information should not be relied upon in making (or refraining from making) any specific investment or other business or personal decisions (professional advice should always be obtained before making any such decision).

OTHER PRODUCTS AND OPINIONS. Any reference made by the Web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Us. Content on the Web site may be provided by attorneys at HPTY, or third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by any person, third parties, including HPTY attorneys, information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those opinions or positions of HPTY.

LINKS TO OTHER WEB SITES AND SERVICES. To the extent that the Web site contains links to outside services and resources, We do not control the availability and content of those outside services and resources. These links are provided solely for your convenience. If you use these links, you may leave the Web site.  We do not endorse or make any representations about these third party sites, or any material found on them, or any results that may be obtained from using them. If you decide to access any of these third party webs Sites you do so entirely at your own risk. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

LINKS FROM OTHER WEB SITES. You may link to any page of the Web site subject to the following conditions:

  • you do not replicate the home page of the Web site;
  • you do not create a frame or any other browser or border environment around the Web site;
  • you only link to freely available Content (and not link to any Content that is only made to users with a username and password);
  • you do not in any way imply any endorsement by US other than with OUR written consent or misrepresent your relationship with US;
  • you do not use any logos or trademarks displayed on the Web site without the express written permission of HPTY;
  • the linking web site does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

OTHER. These terms shall be governed by and construed in accordance with the laws of Georgia. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the federal or state courts located in Atlanta, Georgia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by Us. To the extent that anything in or associated with the Web site is in conflict or inconsistent with these terms of use, these terms of use shall take precedence. Our failure to enforce any provision of these terms of use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

10547142v.1

LAST UPDATED: July 14, 2010

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