Terms of Use Agreement

This site is owned and operated by Adams, Nash & Haskell, Inc. (“ANH”). We provide this website and any associated or related services to you, the user of this site, for your personal and non-commercial use, subject to your acceptance of and compliance with this Agreement. Please read these terms carefully before using this site and/or any services associated therewith. Your use of this website and the associated services confirms your unconditional acceptance of these terms and conditions. If you do not accept these terms and conditions, do not use this site.

 

The effective date of this current version of this Terms of Use Agreement (“Agreement”) is 05/12/2015. This version of the Agreement of use replaces and supersedes any prior terms of use applicable to this site.

 

Changes to this Agreement

 

1. We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the site. Your continued use of the site and any related services following the effective date of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the site if you do not agree to be bound by the revised terms and conditions.

 

Privacy Information

 

2. By using this site and its associated services, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into this Agreement. A copy of the Privacy Policy can be accessed here, ANH – Privacy Policy.

 

General Use and Site License

 

3. This site and its related services are intended for use only by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older and of the age of majority in the jurisdiction in which you reside, you cannot use this site without the supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this site by children, minors and others under your care, and you agree to be responsible for their use of this site.

 

4. We grant you a limited, nonexclusive and revocable license to make personal and non-commercial use of the site. You may view, copy, download or print materials from this site for your own personal and non-commercial use. In this context, “personal and non-commercial use” does not include posting, uploading or otherwise publishing the materials to any other site. This license does not include any rights not specifically enumerated herein. You agree to use this site only for lawful purposes and in accordance with the terms and conditions contained herein.

 

5. Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the site or any of the content of the site, including but not limited to the trademarks and copyrights of ANH and its affiliates as well as any software used in connection with the site, or to make derivative use of the site or its content; (b) to download or copy any personal information associated with the site for your own use or for the benefit of another party; (c) to bypass any technical measures used to prevent or restrict access to any portion of the site; (d) to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access the site; (f) to violate or attempt to violate the security of the site, or (g) to interfere with or attempt to interfere with the proper working of the site.

 

6. You acknowledge that your use of this site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this site, to terminate any user’s account, and to alter or delete any material submitted to the site through a user’s account. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.

 

7. You agree and warrant that all information you provide to us through this site, including but not limited to any contact information you provide, is truthful and accurate.

 

Ownership of Intellectual Property

 

8. Unless otherwise noted, all content included on this site (including images, illustrations, designs, icons, photographs, video clips, text and other material) is the property of ANH or our affiliates, suppliers, partners or other third party licensors. All content not owned by ANH is used by us with the permission of its owner, and the compilation of this site is the exclusive property of ANH. The content on this site is protected by intellectual property and other laws in the United States and throughout the world. Nothing found on this site may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of ANH or the owner of the material in question. You agree that you will not take any actions inconsistent with our ownership of the site and its content.

 

9. The trademarks, logos, and service marks displayed on this site are owned by ANH and third parties, and this site’s trade dress is owned by ANH. All trademarks not owned by ANH are the property of their respective owners, and, where used by ANH, are used with permission. Nothing contained on this site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Our trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with our ownership of, or any third party’s ownership of, the trademarks and trade dress used on this site.

 

Submission of Content

 

10. Some sections of this site may allow users to post or upload material — including information, communications, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) — to our servers. You represent and warrant that you own or otherwise control all the rights to any Content that you post or upload; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide. You agree that you will indemnify ANH and its affiliates for all claims resulting from or related to Content you post or submit.

 

11. You grant the following license with respect to any and all Content you post or submit to or through this website: you hereby expressly grant to ANH a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. ANH will use your Content only to the extent necessary to operate the site and provide any services associated with this site, both now and in the future, and to otherwise operate its business.

 

Links to Third Party Sites

 

12. From time to time, we may provide links to other internet sites or resources via this site, and other sites may link to this site. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.

 

Disclaimer of Warranties; Indemnification; Resolution of Disputes

 

13. We provide this site and the associated services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify ANH, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.

 

14. THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY ANH ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ANH DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, ANH MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ANH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT, PHOTOGRAPHY, VIDEO OR ANY OTHER CONTENTS ON THIS SITE.

 

15. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. ANH DOES NOT WARRANT OR GUARANTEE THAT ITS WEBSITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF ANH ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, ANH DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEBSITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND ANH WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

 

16. ANH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF ANH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, ANH WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEBSITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON OUR COMPUTERS AND/OR SERVERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANH, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ANH FOR ACCESS TO OR USE OF THE SITE.

 

17. CERTAIN STATE LAWS 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, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

18. You agree to indemnify, defend and hold harmless ANH, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this site and the services provided in connection with the site, or your breach of any provision of this Agreement or any warranty provided hereunder.

 

19. You agree that if you are dissatisfied with this site or any services offered in connection with the site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against ANH with respect to this Agreement or the site, your sole and exclusive remedy is to discontinue using the site and any services offered in connection with the site.

 

20. This website is created and maintained by ANH in Erlanger, Kentucky. You agree that the laws of the State of Ohio, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and ANH or its affiliates. Regardless of where you access this website, you agree that any action or proceeding arising out of this Agreement or your use of this website, whether at law or in equity, must be brought in the state or federal courts serving Kenton County, Kentucky, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

 

General Information

 

21. This Agreement represents the entire understanding between the parties regarding your use of this site, and supersedes all other agreements, express or implied, between you and us. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of ANH. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Our failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of our rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.

 

22. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

23. Any rights not expressly granted herein are reserved.

 

Contact Information

 

If you have any questions regarding these terms, please contact us at the following:

 

Adams Nash Haskell & Sheridan

3861 Olympic Blvd.

Erlanger, Kentucky 41018

United States

Email: info@anh.wpengine.com