7. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Site and not interfere with the use and enjoyment of the Site by other users or with the operation and management of the Site. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Oberman & Rice reserves the right to terminate your access and use of the Site. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Site, or defame or otherwise harm any party, including Oberman & Rice through your use of the Site.
8. Proprietary Rights. The content of the Site includes, without limitation, (i) Oberman & Rice trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively " Oberman & Rice Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Site (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "Site Content"). Site Content is the property of Oberman & Rice, its contributors, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Site Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Oberman & Rice or the owner of such content if Oberman & Rice is not the owner. Any use of the Oberman & Rice Marks without express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Site Content, including any such notices appearing on any Site Content you are permitted to download, transmit, display, print, or reproduce from the Site.
Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the Site is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, Oberman & Rice does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Site/Oberman&Rice over the Internet or other communication network. Oberman & Rice shall not be obligated to correct or update the Site or the Site Content and shall not be liable for omissions, typographical errors, or out-of-date information, which may appear on the Site.
No Legal Advice and Disclaimer as to Accuracy of Information. The information on the Site and Site Content are for informational purposes only, and is not legal advice or a substitute for legal counsel. Use of the website or communication through the Site, including, but not limited to, email, electronic submission, and/or telephone communication, does not create an attorney-client relationship with any of our Attorneys.
The information contained in the Site and Site Content may or may not reflect the most current legal developments; accordingly, information on the Site is not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Site or the Site Content should be used as a substitute for advice of competent counsel. The materials on the Site and Site Content do not constitute legal advice.
Third Party Information. The Site may feature materials, information, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Site are those of the respective third party and not of Oberman & Rice, its affiliates or contributors. Oberman & Rice makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
10. No Confidentiality. Any electronic communications transmitted through or posted to the Site, or electronic communications sent directly to Site users (e.g. email, contact form submission) are not confidential.
11. Links to Third Party Websites. The Site may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Oberman & Rice exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
12. Links to Websites, Content, Sharing of Content. Links posted by third parties to the Site and/or Site Content may not use the Oberman & Rice trademark or logo and shall not suggest that Oberman & Rice promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Site shall be the responsibility of the linking party. Oberman & Rice reserves the right to require any linking party to disable or remove any link that violates the Site’s policies, rights or causes interruption or deterioration of Site Content.
You may download or copy Site Content and other downloadable items displayed on the Site for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Site Content for other than personal use is expressly prohibited without prior written permission from Oberman & Rice g or the copyright holder identified in the copyright notice contained in the Site Content.
13. Warranties Disclaimed. THE SITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER OBERMAN & RICE, ITS AFFILIATES, CONTRIBUTORS, SUBSIDIARIES, MEMBERS, WEBSITE DESIGNER, OR SITE ENGINE OPTIMIZATION PROVIDER, NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, CONTRACTORS, OR LICENSORS (COLLECTIVELY "SITE PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITE OR SITE CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (iv) SITE CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
14. Exclusion of and Limitation of Liability. THE SITE PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE SITE AND/OR ANY SITE CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITE AND/OR SITE CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (vii) FROM ANY DELAY OR FAILURE OF THE SITE ARISING OUT OF CAUSES BEYOND OBERMAN & RICE’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE SITE CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITE OR SITE CONTENT.
15. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 13 AND 14 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OBERMAN & RICE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Eastern District of Tennessee or any State of court located in Knox County, Tennessee.
23. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.