Terms of Use

Eberly & Collard Public Relations – Website Terms of Use and Notices

Last Updated: July 2009

1. THIS IS AN AGREEMENT BETWEEN YOU AND Eberly & Collard Public Relations
This is an agreement ("Agreement") between you and Eberly & Collard Public Relations (or, if applicable based on where you live, one of its affiliates). This Agreement governs your use of any Web site or Web page operated by Eberly & Collard Public Relations (each, an "Eberly & Collard Public Relations Web Site," and collectively, the "Eberly & Collard Public Relations Web site"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

Eberly & Collard Public Relations OFFERS the Eberly & Collard Public Relations WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF Eberly & Collard Public Relations WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, and 10); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW Eberly & Collard Public Relations MAY MODIFY THIS AGREEMENT
Eberly & Collard Public Relations reserves the right to change the terms, conditions, and notices under which it offers Eberly & Collard Public Relations Web Site, including any charges associated with the use of Eberly & Collard Public Relations Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Eberly & Collard Public Relations Web Site. Your continued use of the Eberly & Collard Public Relations Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS
Eberly & Collard Public Relations Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Eberly & Collard Public Relations Web Site, including without limitation, particular features or offers (for example, contests, sweepstakes, etc.). If any terms contained in this Agreement conflict with any terms contained within an Eberly & Collard Public Relations Web Site, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF the Eberly & Collard Public Relations WEB SITE
The Eberly & Collard Public Relations Web site is only for your reading and viewing use, and not for personal or business use in any other way. You will not use Eberly & Collard Public Relations Web site in any way that is unlawful, or harms Eberly & Collard Public Relations, its affiliates, resellers, distributors, service providers and/or suppliers (each, an "Eberly & Collard Public Relations Party" and collectively, the "Eberly & Collard Public Relations Parties") or any customer of an Eberly & Collard Public Relations Party, as determined in Eberly & Collard Public Relations' sole discretion. Eberly & Collard Public Relations may tell you about certain specific harmful uses in a code of conduct or other notices available through an Eberly & Collard Public Relations Web Site, but has no obligation to do so. You may not use the Eberly & Collard Public Relations Web site in any way that breaches any code of conduct, policy or other notice applicable to Eberly & Collard Public Relations Web Site. Without limiting the generality of this section, you may not use Eberly & Collard Public Relations Web Site in any manner that could damage, disable, overburden, or impair any Eberly & Collard Public Relations Web Site (or the network(s) connected to any Eberly & Collard Public Relations Web Site) or interfere with any other party's use and enjoyment of Eberly & Collard Public Relations Web site.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use Eberly & Collard Public Relations Web Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Eberly & Collard Public Relations may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of Eberly & Collard Public Relations Web site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through Eberly & Collard Public Relations Web Site.

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Eberly & Collard Public Relations related to the Eberly & Collard Public Relations Web Site, you grant Eberly & Collard Public Relations permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with Eberly & Collard Public Relations Web site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Eberly & Collard Public Relations will not pay you for your Submission. Eberly & Collard Public Relations may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Eberly & Collard Public Relations may assess your submission(s) or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of Eberly & Collard Public Relations Parties or any customer of a Eberly & Collard Public Relations Party.

7. INFORMATION AVAILABLE FROM Eberly & Collard Public Relations WEB SITE
Eberly & Collard Public Relations and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from Eberly & Collard Public Relations Web Site. Eberly & Collard Public Relations and its suppliers do not authorize the use of information available from Eberly & Collard Public Relations Web Site for any purpose other than your ability to read and view the site, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for your commercial and / or other purposes. Eberly & Collard Public Relations is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in Eberly & Collard Public Relations Web site constitute an offer or solicitation to buy or sell any security. Eberly & Collard Public Relations does endorse products and services, but your election to purchase or use said products and services is at your total discretion, and any outcomes of such are yours and yours alone to manage and handle.

8. Eberly & Collard Public Relations MAKES NO WARRANTY
Eberly & Collard Public Relations PROVIDES Eberly & Collard Public Relations WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Eberly & Collard Public Relations PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. Eberly & Collard Public Relations PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF Eberly & Collard Public Relations WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY Eberly & Collard Public Relations PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF Eberly & Collard Public Relations WEB SITE, EVEN IF SUCH Eberly & Collard Public Relations PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH Eberly & Collard Public Relations WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Eberly & Collard Public Relations PARTY WITH RESPECT TO THIS AGREEMENT OR Eberly & Collard Public Relations WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Eberly & Collard Public Relations WEB SITE.

10. CHANGES TO Eberly & Collard Public Relations WEB SITE; ADDITIONAL LIABILITY LIMITATION
Eberly & Collard Public Relations PARTIES MAY CHANGE Eberly & Collard Public Relations WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use Eberly & Collard Public Relations Web site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Eberly & Collard Public Relations and persons other than Eberly & Collard Public Relations (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT Eberly & Collard Public Relations PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT Eberly & Collard Public Relations IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF Eberly & Collard Public Relations WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN Eberly & Collard Public Relations WEB SITE AND OTHER WEB SITE, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH Eberly & Collard Public Relations WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON Eberly & Collard Public Relations WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

11. TERMINATION; ACCESS RESTRICTION
Eberly & Collard Public Relations may terminate this Agreement, or terminate or suspend your access to Eberly & Collard Public Relations Web site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use Eberly & Collard Public Relations Web site will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON Eberly & Collard Public Relations WEB SITE MAY NOT BE RETRIEVED LATER.

12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Eberly & Collard Public Relations Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Georgia, without reference to conflict of laws principles. If this Agreement is with an Eberly & Collard Public Relations affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Eberly & Collard Public Relations affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Eberly & Collard Public Relations Web site are directed. If this Agreement is with Eberly & Collard Public Relations, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Fulton County, Georgia, USA in all disputes arising out of or relating to the use of Eberly & Collard Public Relations Web site. If this Agreement is with a Eberly & Collard Public Relations affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Eberly & Collard Public Relations affiliate in all disputes arising out of or relating to the use of Eberly & Collard Public Relations Web site.

13. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. Eberly & Collard Public Relations may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in Eberly & Collard Public Relations Web site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Eberly & Collard Public Relations with respect to Eberly & Collard Public Relations Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Eberly & Collard Public Relations with respect to Eberly & Collard Public Relations Web site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

14. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND Eberly & Collard Public Relations AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Eberly & Collard Public Relations WEB SITE MUST COMMENCE WITHIN three (3) months AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of Eberly & Collard Public Relations Web site are Copyright © 2002-2009 Eberly & Collard Public Relations and/or its suppliers, 455 Glen Iris Drive, Loft U, Atlanta, Georgia 30308, U.S.A. All rights reserved. Eberly & Collard Public Relations, Eberly & Collard Public Relations logo, and/or other Eberly & Collard Public Relations products and services referenced herein may also be either trademarks or registered trademarks of Eberly & Collard Public Relations and / or Eberly Public Relations in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are possibly protected. Should the copy or concepts be stolen from Eberly & Collard Public Relations site without expressed and written permission from the co-owners of Eberly & Collard Public Relations, legal action will be taken and filed against the party or parties having lifted or taken the protected copy or information as such. Rights not expressly granted herein are reserved.

16. OTHER NOTICES
Third Party Account Information By using the "Our Media Channels” through Eberly & Collard Public Relations Web site, you authorize Eberly & Collard Public Relations and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Eberly & Collard Public Relations and its agents as your agent for this limited purpose. Each time you enter your input or information, if applicable, you are permitting Eberly & Collard Public Relations and its agents to process your request and use information submitted by you. This applies to your responses to Eberly & Collard Public Relations blog posts, Facebook fan pages, etc.

17. Contact Eberly & Collard Public Relations with concerns or comments related to the site and media channels, and refrain from sending those of non-relevance or ones without valid claims. FOR INFORMATION REGARDING Eberly & Collard Public Relations PRIVACY STATEMENT, SEE OUR PRIVACY POLICY statements. – Updated 7-2009.
 
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