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PLEASE READ THIS AGREEMENT CAREFULLY.
BY USING OUR WEBSITE YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF,
AND BE LEGALLY BOUND BY, THIS ONLINE USER AGREEMENT AND PRIVACY POLICY
(THIS "AGREEMENT") BETWEEN YOU AND WILBURN & ASSOCIATES,
INC. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT
USE THE WEBSITE.
1. GENERAL INFORMATION.
1.1. Changes. This website is provided by Wilburn & Associates,
Inc. who reserves the right, at its discretion, to change the terms of
this Agreement and/or change, suspend, discontinue or modify any aspect of
the website. Such modifications may include, without limitation, changes
in content, in user priorities, and discontinuance of functional aspects
of the website.
1.2. Notices of Changes. Any notice or statement
of changes/modifications described in Section 1.1 above will be
displayed online, and any such display shall constitute effective notice
under this Agreement for all purposes. You agree to review the terms and
conditions of this Agreement periodically to be aware of such revisions.
Additionally, your continued use of the website after the posting of any
notice of a change in the terms and conditions shall constitute your
acceptance to be bound by the express terms of any such changes.
2. OUR WEBSITE.
2.1. Our website shall mean all areas and
aspects of our website including, without limitation, text, data, photos,
graphics and/or video or any information whatsoever obtained through the website
(collectively referred to herein as "Information"), Wilburn & Associates, Inc.'
computers or network and any subscription or software, product, service,
or information provided by Wilburn & Associates, Inc.. Wilburn & Associates, Inc.
may enter into contractual relationships with certain vendors, sponsors,
and advertisers of products or services (the "Vendors"),
pursuant to which Wilburn & Associates, Inc. may link to or display
Information, advertisements, discounts, products, goods, or services
offered by the Vendors. Wilburn & Associates, Inc. does not guarantee
the availability or accuracy of any such Vendor Information or offers, nor
does it endorse, guarantee nor insure any Vendor products or services.
2.2. Wilburn & Associates, Inc. shall not be
held liable, directly or indirectly, for any loss or damage caused by your
use of: (a) any external site linked to the Website, (b) Vendor
Information, or (c) Vendor products or services. Statements made on
the website concerning the products or services of Wilburn & Associates, Inc.
do not constitute an offer, but are merely solicitations of an offer.
3. LIMITATIONS ON USE AND USER
SUBMISSIONS.
3.1. Copyright, Patent and Trademark Notice. All
content of the website provided by Wilburn & Associates, Inc.,
including, but not limited to, all text, photos, graphics, audio,
software, presentations in any format and/or video is copyrighted by Wilburn & Associates,
Inc., or its affiliates or subsidiaries. 2005 Wilburn & Associates,
Inc. All rights reserved.
No portion of the Information or other materials may be
directly or indirectly copied, published, reproduced, modified, performed,
displayed, sold, transmitted, published, broadcast, rewritten for
broadcast or publication or redistributed in any medium, whether now known
or hereafter created. The foregoing prohibition includes, but is not
limited to "screen scraping" or "database scraping" to
obtain lists of users or other Information. Nor may any portion of the
Information or other materials be stored in a computer or distributed over
any network, except that you may download or print one copy of pages
strictly for personal and non-commercial use; however, any print out of
any page of the website or portion thereof, must include Wilburn & Associates, Inc.'
copyright notice.
Wilburn & Associates, Inc., and its associated
logos, page headers, custom graphics, buttons, and other icons are service
marks, trademarks, registered service marks, registered trademarks, and/or
trade dress of Wilburn & Associates, Inc.. All other content product
names and company logos are trademarks of their respective owners. Neither
these materials, nor any portion thereof, may be stored in a computer
except as reasonably necessary for personal and non-commercial use;
however, any print out of any page of the website or portion thereof, must
include Wilburn & Associates, Inc.' copyright notice.
3.2. Notice of Copyright Infringement. Wilburn & Associates, Inc.
respects the copyrights of others. Wilburn & Associates, Inc. reserves
the right, but not the obligation, to terminate your license to use our
website if it determines in its sole and absolute discretion that you are
involved in infringing activity, including alleged acts of first-time or
repeat infringement, regardless of whether the material or activity is
ultimately determined to be infringing. Wilburn & Associates, Inc. has
implemented procedures for receiving written notification of claimed
infringements. If you believe that your copyrighted work has been
reproduced on the website in a way that constitutes copyright infringement
you may notify us at P.O. Box 312366, Atlanta, GA 31131or by email at info@wilburnassociates.com.
3.3. Restricted Use of Our Website. You agree to
use our website for lawful purposes only. You agree not to post or
transmit any information through the website which: (a) infringes the
rights of others or violates their privacy or publicity rights, (b) is
unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene,
profane, indecent or otherwise objectionable, or (c) is protected by
patent, copyright, trademark or other proprietary right without the
express permission of the owner of such right. You shall be solely liable
for any damages resulting from any infringement of patent, copyright,
trademark or other proprietary rights, or any other harm resulting from
your use of the website.
3.4. Your Submission of Messages. You hereby
grant to Wilburn & Associates, Inc. a worldwide, royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform, display and use for any purpose all messages or other
materials posted by you on the Website or any e-mail sent by you to Wilburn & Associates, Inc.
(in whole or in part) and to incorporate any such messages or other
materials or e-mails in any form, into other media or technology whether
now known or hereafter developed.
3.5. Linking. Without the prior written
consent of Wilburn & Associates, Inc., you may not use any of Wilburn & Associates, Inc.'
proprietary logos, marks, or other distinctive graphics, video, or audio
material in your links. You may not link to the website or to any page
thereof or engage in the practice of "deep linking" in any
manner reasonably likely to: (a) imply affiliation with or endorsement or
sponsorship of or by Wilburn & Associates, Inc.; (b) cause confusion,
mistake, or deception; (c) dilute Wilburn & Associates, Inc.'
trademarks or service marks; (d) otherwise violate state or federal law;
or (e) constitute improper disparagement or disclosure concerning Wilburn & Associates, Inc.
or any of its respective affiliates, or their respective officers,
directors, agents, franchises, or Vendors. You may not frame or otherwise
incorporate into another website any of the Information or other materials
on this website without the prior written consent of Wilburn & Associates, Inc..
4. ACCESS AND DELAYS IN SERVICES.
Wilburn & Associates, Inc., its affiliates,
subsidiaries, and Vendors shall have no responsibility to provide you
access to the website. Further, Wilburn & Associates, Inc., its
affiliates, subsidiaries, and Vendors shall not be liable to you for any
loss or liability resulting, directly or indirectly, from delays,
inaccuracies, errors, omissions or interruptions of this website for any
reason, including, without limitation, due to electronic or mechanical
equipment failures, telephone interconnect problems, defects, weather,
strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war,
acts of terrorism, or to other like causes.
5. MONITORING OF WEBSITE.
You acknowledge that Wilburn & Associates, Inc.
reserves the right to, and may from time to time, monitor for all lawful
purposes any and all Third-Party Content transmitted or received through
the website. During monitoring, information may be examined, recorded,
copied, and used for authorized purposes. All Third-Party Content,
including personal information, placed on or sent over the website may be
monitored. Use of the website, authorized or unauthorized, constitutes
consent to such monitoring and to the other terms of this Agreement.
6. REPRESENTATIONS, WARRANTIES AND
LIMITATION OF LIABILITY.
6.1. General Disclaimer and Limited Warranty. You
acknowledge that certain aspects of the Information and/or Vendor
Information and links provided through the website are compiled from
sources which may be beyond the control of Wilburn & Associates, Inc..
Though such Information and links are recognized by the parties to be
generally reliable, the parties acknowledge that inaccuracies may occur. Wilburn & Associates, Inc.,
its licensors and Vendors do not warrant the accuracy or suitability of
any such Information. Neither Wilburn & Associates, Inc. nor its
licensors or Vendors represent or endorse the accuracy or reliability of
the Information distributed through the Website. FOR THIS REASON, YOU
ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS WITH ALL
FAULTS BASIS." WILBURN & ASSOCIATES, INC. AND ITS LICENSORS AND
VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE
OR COURSE OF DEALING. FURTHER, WILBURN & ASSOCIATES, INC. AND
ITS LICENSORS AND VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEBSITE
WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE
ANY DESIRED RESULT.
6.2. You assume all risk of errors and/or
omissions in the website, including the transmission or translation of
data. You assume full responsibility for implementing sufficient
procedures and checks to satisfy your requirements for the accuracy and
suitability of the website, including the Information, and for maintaining
any means which you may require for the reconstruction of lost data or
subsequent manipulations or analyses of the Information provided under
this Agreement.
6.3. Viruses. YOU ACKNOWLEDGE AND AGREE THAT
WILBURN ASSOCIATES, INC. USES REASONABLE EFFORTS TO ASSURE THAT NO
VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED
THROUGH, THE WEBSITE OR THE INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL
RESPONSIBILITY (AND THEREBY HOLD WILBURN & ASSOCIATES, INC. HARMLESS),
BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING
AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
6.4. LIMITATION OF LIABILITY. YOU AGREE THAT WILBURN
& ASSOCIATES, INC. AND ITS AFFILIATES, SUBSIDIARIES, AND
VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE
FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD
FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND
SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS
PAID TO WILBURN & ASSOCIATES, INC. BY YOU UNDER
THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS
LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF WILBURN &
ASSOCIATES, INC. OR ITS AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND
EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 6 SHALL SURVIVE
TERMINATION OF THIS AGREEMENT.
6.5. FTC NOTICE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. INDEMNIFICATION.
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND
INDEMNIFY AND HOLD HARMLESS WILBURN & ASSOCIATES, INC.
AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR MEMBERS,
SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND
CONTRACTORS OF WHATEVER TIER (COLLECTIVELY, THE INDEMNITEES) FROM AND
AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR
CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS' FEES AND
EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR
ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS
AND USE OF THE WEBSITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED
THROUGH THE WEBSITE. THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY
CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART,
BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY,
CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE
OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE
INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL COOPERATE AS FULLY AS
REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.
8. PRIVACY.
8.1. Privacy. Records of your use of the website
is the sole property of Wilburn & Associates, Inc. and is protected by
and subject to the U.S. Electronic Communications Privacy Act, as amended,
or any successor statute. Wilburn & Associates, Inc. reserves the
right to use such information for its marketing, franchising and
membership endeavors. Your personally identifying information will not be
shared with any third party, with the following exceptions:
A. Information that Wilburn & Associates, Inc.
in good faith determines is legally required to be revealed by any
relevant statute, regulation, ordinance, rule, administrative or court
order, decree, or subpoena;
B. Information revealed during the course of Wilburn & Associates, Inc.'
enforcement of the policies and procedures of the website, the terms of
this Agreement, or during the course of any disciplinary actions;
C. Information in a manner expressly permitted
by the provisions of this Section 8;
D. Information that Wilburn & Associates, Inc.
in good faith determines must be disclosed to correct what it believes to
be false or misleading information or to address activities that Wilburn & Associates, Inc.
believes to be manipulative, deceptive or otherwise a violation of law; or
E. Unless you are otherwise notified at the time
we collect the data.
8.2. Privacy of Minors. Protecting the privacy
of children is especially important. Wilburn & Associates, Inc. does
not knowingly collect information about children and will delete any such
information that it discovers or is made aware of.
8.3. Nonpublic Personal Information.
"Nonpublic Personal Information" is the nonpublic information
about you that is obtained from you in connection with providing you a
financial product or service such as a loan or mortgage. Wilburn & Associates, Inc.
may collect nonpublic personal information from the online forms you
complete in order to obtain the financial product or service, from
information collected as a result of your transactions with Wilburn & Associates, Inc.
or others, and from consumer reporting agencies.
Wilburn & Associates, Inc. will not disclose any
nonpublic personal information about our current or former customers to
anyone, except as permitted or required by law, or as described below.
We may disclose all of the information we collect about
you to our affiliates who offer related goods and services, and to
nonaffiliated third parties that perform services on our behalf, including
marketing services, or other financial institutions with whom we have
joint marketing agreements.
If we collect nonpublic personal information from you
to provide third-party financial products and services requested by you,
such third-party's use of your personal information will be subject to
their privacy policy as disclosed to you by them.
We have procedures in place that limit access to
nonpublic personal information to those employees and other individuals
who need to know such information to provide products and services to you.
We will maintain physical, electronic, and procedural safeguards to
protect the confidentiality of your nonpublic personal information as
required by law.
9. UNSOLICITED EMAIL AND DIRECT
MARKETING.
9.1. Unsolicited Email. Wilburn & Associates, Inc.
supports responsible ecommerce. Wilburn & Associates, Inc. does not
authorize anyone to use the website to broadcast, distribute, transmit or
retransmit unsolicited commercial, non-commercial, bulk, or junk
electronic mail ("SPAM").
9.2. Electronic Direct Marketing Programs. Wilburn & Associates, Inc.
may develop and participate in electronic direct marketing to users of the
website who elect to receive electronic mail of specific interest to them.
In keeping with this Agreement, Wilburn & Associates, Inc. does not
forward the names and addresses (electronic or otherwise) to third
parties. Wilburn & Associates, Inc. will forward the advertisements to
users who have elected to receive that category of electronic mail. Users
may elect to not receive similar electronic mail by requesting that their
email address be removed from the mailing list by selecting the
appropriate option included with each email advertisement sent by Wilburn & Associates, Inc..
In addition, users may elect to be removed from such lists at any time by
sending a message to the System administrator at webmaster@wilburnassociates.com.
9.3. Reporting SPAM. Users who receive SPAM or
any threatening or offensive email through the website may report it to Wilburn & Associates, Inc.
by forwarding the unedited message with the full message header to
webmaster@wilburnassociates.com.
9.4. Reservation of Rights. Wilburn & Associates, Inc.
reserves the right to take all legal or technical steps that it deems
necessary to prevent the broadcast, distribution, transmission, or
retransmission over the website of SPAM, junk email, threatening or
offensive email, or email otherwise determined by Wilburn & Associates, Inc.,
in its sole discretion, to be objectionable. Wilburn & Associates
reserves the right to suspend or terminate any person or entity's use of
or access to the website if it determines, in its sole and absolute
discretion, that such person has used or intends to use the website in
violation of this policy. A failure of Wilburn & Associates, Inc. to
exercise any right provided for herein shall not be deemed to be a waiver
of such right.
10. MISCELLANEOUS
10.1. Governing Law; Limitations; Venue. The
laws of the State of
Georgia
, excluding any rule or principle that would refer to and apply the
substantive law of another state or jurisdiction, shall govern this
Agreement. To the extent allowed by applicable law, any claims or causes
of action arising from or relating to your access and use of the website
as contemplated by this Agreement must be instituted within two (2) years
from the date upon which such claim or cause arose. Further, any such
claim or cause of action shall be brought EXCLUSIVELY in the state
or federal courts located in Fulton County, Georgia and you agree to
submit to the exclusive personal jurisdiction of such courts and hereby
appoint the Secretary of State of Georgia as your agent for service of
process. You agree to waive any objection that the state or federal courts
of Fulton County, Georgia are an inconvenient forum.
10.2. Assignments. You may not assign any of
your rights, obligations, privileges, or performance hereunder without the
prior written consent of Wilburn & Associates, Inc.. Any assignment
other than as provided for in this Section 10.2 shall be null and void.
10.3. Severability. If any provision of this
Agreement is found to be unlawful or unenforceable in any respect, the
court shall reform such provision so as to render it enforceable (or, if
it is not possible to reform such provision so as to make it enforceable,
then delete such provision); and, as so reformed or modified, fully
enforce this Agreement.
10.4. U.S. Government Restricted Rights; Export.
The materials on the website are provided with "RESTRICTED
RIGHTS." Use, duplication or disclosure by the Government is subject
to restrictions as set forth in applicable laws and regulations. Use of
the materials by the Government constitutes acknowledgement of Wilburn & Associates, Inc.'
proprietary rights in them. You may not use or export the Information or
any other materials in this website in violation of U.S. export laws and
regulations.
10.5. Termination. Wilburn & Associates, Inc.
may terminate or suspend your use of the website for any reason.
Termination or cancellation of your use of the website shall not effect
any right or relief to which Wilburn & Associates, Inc. may be
entitled, at law or in equity. Upon termination of this Agreement, all
rights granted to you will terminate and revert to Wilburn & Associates, Inc..
10.6. Notice. Official correspondence must be
sent via postal mail to:
Wilburn & Associates, Inc.
P.O. Box 312366
Atlanta, GA 31131
10.7. Entire Agreement. This Agreement is
complete and effective at the time you begin use of the website. This
Agreement constitutes the entire agreement between the parties, and no
other agreement, written or oral, exists between you and Wilburn & Associates,
Inc. In the event that any inconsistencies exist between this
Agreement and any future published terms or understanding, the last
published Agreement or terms of use shall control.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN
ARE RESERVED BY WILBURN & ASSOCIATES, INC.
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