TERMS OF USE AGREEMENT

The agreement contains the terms and conditions upon which you may access and use this web site (“Site”) and the information and materials found on this Site. Our Privacy Policy is also available on our site and is also incorporated into this Terms of Use Agreement.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Disclaimer of Warranties:

ALL CONTENT OF THIS SITE, INCLUDING ANY SOFTWARE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, US AND OUR AGENTS AND ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO ANY CONTENT AVAILABLE ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY. WE DO NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS SITE (INCLUDING ANY SOFTWARE) OR ANY DATA ON THIS SITE IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, ITS CONTENT OR DATA, AND THE SERVERS ON WHICH THE SITE AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, WE
DISCLAIM ANY OBLIGATION TO MAINTAIN THIS SITE OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE AND THE CONTENT IT PROVIDES.

Limitation of Liability:

UNDER NO CIRCUMSTANCES WILL WE OR OUR AGENTS AND ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; (B) THE USE OR THE INABILITY TO USE ANY OTHER WEB SITE TO WHICH THIS SITE IS LINKED; (C) THE CONTENT OF THIS SITE OR OTHER WEB
SITES TO WHICH THIS SITE IS LINKED; (D) ANY VIRUSES OR HARMFUL COMPONENTS DERIVED FROM THIS SITE OR ANY OTHER WEB SITE TO WHICH THIS SITE IS LINKED; (E) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; OR (H) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.

Choice of law and venue:

The Terms of Use and the relationship between you and us shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and us agree to submit to the personal and exclusive jurisdiction of the courts located within Shelby County, Tennessee.

Amendment:

We may change these Terms of Use, including our Privacy Policy, upon notice, which may be given by posting such notice on the Site. However, in some cases, if in our reasonable view, a change to the Terms of Use or to our Privacy Policy constitutes a material change, such a change will not take effect until 30 days after notice is provided, during which time you may notify us that you do not accept the change. Your continued use of the Site after such 30 day period will mean that you accept any such change. Although we may choose to notify you of changes by email or by other means, you agree that notice of changes to the Terms of Use and Privacy Policy posted on the Site constitutes reasonable and sufficient notice.

Termination:

We reserve the right in our sole discretion to terminate or restrict your use of the Site, or any part of the Site, without notice, for any or no reason, and without liability to you or any third party. The Terms of Use relating to Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, and Choice of Law and Venue shall
survive termination.

Intellectual Property Rights:

The Site is owned by us and is protected by United States intellectual property laws (including trademark or copyright laws) and international treaty provisions. All content, including but not limited to images, information, products, services, documentation, software, trademarks, service marks, trade names, logos, and icons provided by us or featured
on the Site are proprietary to us or our licensors. All Rights Reserved. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited. The Site may also include the product and company names, as well as logos, of third parties. Such third-party designations are the trade / service marks of their respective owners.

Use of Links:
Links to or from other Internet sites may be included at times as a convenience to the user. These sites have not necessarily been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on, and / or software downloaded from these third-party web sites. Moreover, these links do not imply an endorsement of any third party, web site, or products or services provided by any third party, and we take no responsibility for them.