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- This Agreement
- Informational Purposes Only
The Firm hereby grants You a nonexclusive license to download and display the Website, and to reproduce the content located thereon, in each case solely for Your personal, non-commercial use. The Firm provides the Website for informational purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR OPINION.
- No Attorney-Client Relationship
YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND THE FIRM. SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM THE FIRM BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. If You would like The Firm to represent You, You should complete our online case submission form. If the matter in connection with which You seek representation involves other parties, be sure to list each and every one of them on the online case submission form. If The Firm agrees to represent You, it will inform You by email or telephone, and will provide an agreement setting forth the basis of the representation. Unless and until You have executed and returned that engagement agreement, and The Firm has confirmed its receipt, no attorney-client relationship exists.Unless an attorney-client relationship exists between You and The Firm, You shall not represent to any third party, either directly or by implication, that You are represented by The Firm, or that The Firm is in any way involved in Your matter. Without limiting the foregoing, unless an attorney-client relationship exists between You and The Firm, You shall not copy The Firm, or any attorney or employee of The Firm, on any emails or letters in a manner that could reasonably be interpreted by any third party to mean that You are represented by The Firm.
- No Attorney-Client Privilege
BECAUSE YOU ARE NOT A CLIENT OF THE FIRM, INFORMATION PROVIDED BY YOU TO THE FIRM MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. It is possible that The Firm already represents, or in the future may represent, a party whose interests are adverse to Yours. In that case, The Firm may not be able to treat information received from You as privileged.
- Communications Made to Third Parties by Means of the Website’s sharing features
You acknowledge that any communications sent by You to third parties by means of the Website (e.g. through a social media sharing feature), whether by email or otherwise, are not private, and such communications may be read by third parties with or without Your knowledge. Further, You agree that the content of any communications that You send to third parties by means of the Website shall be non-confidential and non-proprietary. The Firm reserves the right to use such communication for any purpose.
- Prohibited Uses – You represent and warrant that You will not use the Website to:a. Upload or transmit content that violates the privacy, intellectual property, or other proprietary rights of any third party;
b. Transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content;
d. Harm the goodwill or standing of The Firm or any of its clients, partners, employees, affiliates, agents, contractors, or representatives;
e. Attempt to probe, scan, test, or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
f. Attempt to interfere with the use of the Website by any other user.The Firm reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
- Third-Party Websites
- Intellectual Property
The content of this Website as well as The Firm’s logo are the intellectual property of The Firm and all rights are reserved. No permission is granted to reuse any portion of the Website without consent.
If You believe that material located on or linked to by the Website infringes one or more of Your copyrights, please immediately notify The Firm by means of a FAX to 478-254-9154. Your fax should include: a signature, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit The Firm to find and positively identify that material; Your name, address, telephone number, and email address; and a statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner’s agent and, (ii) under penalty of perjury, that all of the information contained in Your faxed notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.
- DISCLAIMER OF WARRANTIES
THE FIRM HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FIRM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.
- LIMITATION OF LIABILITY
THE LIABILITY OF THE FIRM IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FIRM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO THE FIRM, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF THE FIRM UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO THE FIRM IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $10, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE FIRM AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS
You agree to defend, indemnify, and hold harmless The Firm and any partners, employees, affiliates, agents, contractors, and representatives (“The Firm’s Parties”) from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to The Firm by means of the Website of incomplete, inaccurate or untimely information or other data. The Firm’s Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.
In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: 4-5, 9-12 and 15. Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon. Without limiting any other provision of this Agreement, The Firm reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.
- Choice of Law; Jurisdiction and Venue
The Website is located and operated by The Firm in Macon, Georgia. This Agreement shall be interpreted and enforced as though executed in Macon, and shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN MACON, GEORGIA. YOU HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
- Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of The Firm. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture, or employee-employer relationship between You and The Firm.