Terms of Use
Last Modified: August 18, 2023
These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you,” or “your”), and Whitehardt, Inc. (“Whitehardt,” “we,” or “us”), concerning your access to and use of the https://Whitehardt.com/ website as well as any use of other media form, channel, mobile website, or mobile application related, linked to, or otherwise connected thereto (collectively, the “site”). You agree that by accessing the site, you have read, understood, and agreed to be bound by these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the site is the proprietary property of Whitehardt and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
We reserve all rights not expressly granted to you in and to the site, the Content, and the Marks.
USER REPRESENTATIONS
By using the site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the site for any illegal or unauthorized purpose; and (5) your use of the site will not violate any applicable law or regulation.
PROHIBITED ACTIVITIES
You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the site, you agree not to:
1. Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us or other users, especially in any attempt to learn personal or proprietary information.
3. Circumvent, disable, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site.
5. Use the site in a manner inconsistent with any applicable laws or regulations.
6. Engage in unauthorized framing of or linking to the site.
7. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the site.
8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9. Delete the copyright or other proprietary rights notice from any Content.
10. Impersonate, or attempt to impersonate, another user or person.
11. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
12. Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the site.
13. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site to you.
14. Attempt to bypass any measures of the site designed to prevent or restrict access to the site, or any portion of the site.
15. Copy or adapt the site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
16. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the site.
17. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorized script or other software.
18. Make any unauthorized use of the site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or obtaining personal or proprietary information by automated means or under false pretenses .
19. Use the site as part of any effort to compete with us or otherwise use the site and/or the Content for any revenue-generating endeavor or commercial enterprise.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site (“Submissions“) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original to you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
Our site may contain links to other websites and resources provided by third parties that are not owned or controlled by us. We have no control over the contents of those websites or resources. If you access any third-party content from our site, you do so at your own risk and subject to the terms and conditions of use for such third-party content.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site.
PRIVACY POLICY
Please review our Privacy Policy to understand how we treat your personal information and protect your privacy when you use our site.
USER DATA & INFORMATION
We will maintain certain data and information that you transmit to the site for the purpose of managing the performance of the site, as well as data relating to your use of the site. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate your use of the site and/or suspend your account for any reason, you are prohibited from continuing to access or use the site and from registering or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating your use of the site and/or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the site.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms of Use every time you use our site so that you understand which Terms of Use apply. Your continued use of the site after the date such revised Terms of Use are posted shall indicate that you have been made aware of and have accepted the changes in any revised Terms of Use.
We cannot guarantee the site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site during any downtime or discontinuance of the site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use are governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Tennessee.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
NO CONSOLIDATION
THE PARTIES AGREE THAT ANY ARBITRATION OR LITIGATION SHALL BE LIMITED TO THE DISPUTE BETWEEN THE PARTIES INDIVIDUALLY. TO THE FULLEST EXTENT PERMITTED BY LAW, (A) NO ARBITRATION OR LITIGATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
CORRECTIONS
There may be information on the site that contains typographical errors, inaccuracies, or omissions, including descriptions, quotes, estimates, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.
DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WHITEHARDT IS NOT RESPONSIBLE FOR, AND IN NO WAY ENDORSES, ANY DESCRIPTION OR INDICATION OF SPECIALIZATION OR LIMITATION OF PRACTICE BY AN ATTORNEY OR LAW FIRM. PLEASE BE AWARE THAT NO AGENCY OR BOARD MAY HAVE CERTIFIED SUCH ATTORNEY AS A SPECIALIST OR EXPERT IN ANY INDICATED FIELD OF LAW PRACTICE. IN ADDITION, AN ATTORNEY CLAIMING SPECIALIZATION IS NOT NECESSARILY ANY MORE EXPERT OR COMPETENT THAN OTHER ATTORNEYS. IT IS UP TO THE USER TO QUESTION THE ATTORNEYS AND PROVIDERS ON THE FACTUAL BASIS OF ANY STATEMENT THEY MAKE, ASK FOR THE NAMES OF THE CERTIFYING AGENCIES, AND VERIFY ALL INFORMATION. [LR4]
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the site; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the site or in respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
To resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at: info@whitehardt.com or by mail to Whitehardt, Inc., Attn: Legal, 827 19th Ave S., Nashville, TN 37203.
