- ELIGIBILITY AND PERMITTED JURISDICTIONS
THE SITES ARE ONLY INTENDED FOR USERS LOCATED IN THE UNITED STATES, AND THEY ARE NOT INTENDED FOR USERS LOCATED IN OTHER JURISDICTIONS, INCLUDING THE EUROPEAN UNION AND THE EUROPEAN ECONOMIC AREA. THE SITES ARE ALSO OFFERED ONLY TO USERS WHO ARE AT LEAST 18 YEARS OF AGE. BY USING THE SITES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SITES FROM WITHIN THE UNITED STATES AND THAT YOU ARE AT LEAST 18 YEARS OF AGE.
We are based in the State of Tennessee in the United States of America. We make no representations that the Sites or any of their content are appropriate or available for use in all locations. Use of or access to the Sites may not be legal by certain persons or in certain countries. Your use or access of the Sites is at your own risk, and you are responsible for compliance with the laws and regulations of your own jurisdiction and any jurisdiction from which you access or use the Sites.
- INTELLECTUAL PROPERTY
You may only use the Sites and the Content as expressly permitted herein, and any other use is prohibited. You shall not adapt, reverse engineer, decompile, disassemble, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Sites or the Content. Any copying, republication, or redistribution of the foregoing, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Schaad and/or the respective intellectual property rights holder identified in the subject content, which consent may be granted or withheld at the sole discretion of the rights holder.
We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, we reserve the right to terminate your use of the Sites or the Content if we determine, in our sole and absolute discretion, that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Sites is not accurate, complete or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
The Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.
The Sites may include content provided by third parties. All statements and/or opinions expressed in these materials, and all Content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We make no representations or warranties as to the accuracy, reliability, completeness, or usefulness of any information on the Sites. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
We reserve the right at any time to modify or discontinue the Sites (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Sites.
We do not guarantee continuous, uninterrupted or secure access to the Sites. The operation of the Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God. We may remove the Sites or any Content for indefinite periods of time or permanently at any time, without notice to you.
- PRODUCTS OR SERVICES
We reserve the right to refuse service to anyone for any reason at any time, to the extent permitted by applicable law. We may exercise these rights on a case-by-case basis.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Sites will be corrected.
- THIRD-PARTY RESOURCES
- THIRD-PARTY LINKS
Certain content, products and services available via our Sites may include materials from third parties. Third-party links on this Site may also direct you to third-party websites that are not affiliated with us. We have no control over third-party sites, and we are not responsible for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link or the companies that own or operate the material or linked sites.
We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You represent and warrant that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further represent and warrant that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
- LINKING TO THE SITES AND SOCIAL MEDIA FEATURES
This Sites may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain Content on the Sites;
- Send e-mails or other communications with certain Content, or links to certain Content, on the Sites; and
- Cause limited portions of Content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you;
- Cause the Sites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; or
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
- PERSONAL INFORMATION
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Sites is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information on the Sites or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Sites or on any related website, should be taken to indicate that all information in the Sites or on any related website has been modified or updated.
- PROHIBITED USES
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To reproduce, duplicate, copy, “screen scrape,” “monitor,” “mine,” “copy,” “mirror,” sell, resell or exploit any portion of the Sites;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- To transmit or send unsolicited commercial communications
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites or of any related website, other websites, or the Internet;
- To gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Sites (or the servers, networks, and databases connected to the Sites);
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose; or
- To interfere with or circumvent the security features of the Sites or any related website, other websites, or the Internet.
- that you will not engage in any activity that interferes with, disrupts, or imposes an unreasonable or disproportionately large load on the Sites (or the servers, networks, and databases which are connected to the Sites);
- that you will not edit, modify, correct, adapt, translate, enhance, or otherwise prepare derivative works of any Content that is not owned by you or another person or entity for whom you act as an agent;
- that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any Content or other aspect of the Sites for any commercial purpose (except for Content specifically and expressly made available for redistribution);
- that you will not remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations from the Sites;
- that you will not impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
- that you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Sites or develop restricted or password-only access pages, or hidden pages or images; and
We reserve the right to terminate your use of the Sites or any related website for violating any of the prohibited uses.
- DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITES AND THE CONTENT IS AT YOUR OWN RISK. THE SITES AND THE CONTENT AND ALL PRODUCTS AND SERVICES DELIVERED VIA THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SCHAAD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, DURABILITY, MERCHANTABLE QUALITY, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SCHAAD NOR ANY PERSON ASSOCIATED WITH SCHAAD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE USE OF THE SITES OR THE CONTENT, OR THE MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, OR OTHERWISE RELATING TO THE SITES, THE CONTENT, OR ANY SITES LINKED TO THE SITES.
WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT FROM THE SITES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES THAT RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON THE SITES OR ANY SITE LINKED TO FROM THE SITES.
WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITES, THE CONTENT OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY
IN NO CASE SHALL SCHAAD, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITES, OUR SERVICES, OR ANY PRODUCTS OR SERVICES PROCURED USING THE SAME, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES, OUR SERVICES, OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES, EVEN IF ADVISED OF THEIR POSSIBILITY.
IN THE EVENT A PARTICULAR STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED HEREIN, IN SUCH STATES OR JURISDICTIONS, AND ONLY IN SUCH STATES OR JURISDICTIONS, THE FOREGOING EXCLUSION AND LIMITATION OF LIABILITY SHALL BE NARROWED TO THE SMALLEST EXTENT NECESSARY SO THAT IT IS ENFORCEABLE UNDER APPLICABLE LAW.
- ENTIRE AGREEMENT; INTERPRETATION; NO WAIVER
- GOVERNING LAW; VENUE; DISPUTE RESOLUTION
- CONTACT INFORMATION