1. License Grant
2. License Restrictions
You may not download, copy or embed Kemberton Content and other downloadable items displayed on the Website except with the express written permission of Kemberton. Kemberton reserves the right to require any party sharing Kemberton Content to disable or remove the Kemberton Content should its use violate Kemberton policies or rights or cause interruption or deterioration of Kemberton Content.
4. Personal Login Information
Certain features and areas of the Website are available only with registration or login, such as a Kemberton member account number. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. Kemberton is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must notify Kemberton immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
5. Privacy and Security Statement
6. 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 Website and not interfere with the use and enjoyment of the Website by other users or with the operation and management of the Website by Kemberton. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Website, including, without limitation, information required to be provided through a Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Kemberton reserves the right to terminate your access and use of the Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, or defame or otherwise harm any party through your use of the Website. Additionally you agree to abide by Kemberton’s Social Media Policy.
In addition, you also agree that you will not use the Website to:
(a) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(f) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law.
7. Proprietary Rights
The content of the Website includes, without limitation, (i) the trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification of Kemberton (collectively the “Kemberton Marks”); and (ii) information, data, materials, interfaces, computer code, data bases, 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 Website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as the “Kemberton Content”). Kemberton Content is the property of Kemberton, its licensors, sponsors, partners, advertisers, 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 Kemberton Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Kemberton or the owner of such content if Kemberton is not the owner. For reprints, contact Kemberton. Any use of Kemberton Marks without the express written consent of Kemberton is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in Kemberton Content, including any such notices appearing on any Kemberton Content you are permitted to download, transmit, display, print, or reproduce from the Website.
8. Responsibility for Use of the Website and Exclusion of Liability
Use of the Website 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, Kemberton does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Website over the Internet or other communication network.
9. No Legal Advice and Disclaimer as to Accuracy of Information
All the content on the Website, including Kemberton Content and User Content as defined in Section 23, is for informational purposes only, and is not legal advice or a substitute for legal counsel. Because legal advice must be tailored to the specific circumstances of each case, nothing provided on the Website Content should be used as a substitute for advice of competent counsel. The materials on the Website do not necessarily reflect the opinions of Kemberton.
The Website content may or may not reflect the most current legal developments. Accordingly, information on the Website is not promised or guaranteed to be correct or complete, and should not be relied upon as such. Kemberton is not obligated to correct or update any of the Website content, and shall not be liable for omissions, typographical errors, or out-of-date information that may appear on the Website.
10. Third Party Information
The Website may feature materials, information, products, 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 Website are those of the respective third party and not of Kemberton or its affiliates. Kemberton 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.
11. Advertisers/Advertisements: The Website May Contain Advertisements
The inclusion of advertisements on the Website does not imply endorsement of the advertised products or services. Kemberton shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Website. Further, Kemberton shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Website. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
12. Links to Third Party Websites
For your convenience, the Website may provide links (including links through on-line advertisements) to other websites on the Internet. These other websites are maintained by third parties over which Kemberton exercises no control. The publication of any such third party links on the Website is not intended to endorse any particular company or product. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
13. Links to the Website, Content, Sharing of Content
Links to the Website and to Kemberton Content that are posted by third parties to their websites may not include Kemberton trademark or logo and or suggest that Kemberton promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the Website shall be the responsibility of the linking party. Kemberton reserves the right to require any linking party to disable or remove any link that violates the policies or rights of Kemberton or causes interruption or deterioration of Kemberton Content.
14. Warranties Disclaimed
THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER KEMBERTON, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY, “KEMBERTON PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND. 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.
15. Exclusion of and Limitation of Liability
KEMBERTON SHALL NOT BE LIABLE, AND DISCLAIMS 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 SITES AND/OR ANY KEMBERTON CONTENT; (ii) FROM STATEMENTS, MATERIALS, INFORMATION, OR PRODUCTS AND SERVICES ON OR ACCESSED THROUGH THE WEBSITE, OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iii) OUT OF ANY OTHER MATTER RELATING TO THE WEBSITE OR KEMBERTON CONTENT.
16. 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 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE LIABILITY OF KEMBERTON WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Term and Termination
18. Governing Law
19. Waiver and Severability
20. Complete Agreement
21. Contact Information
109 Westpark Drive
Brentwood TN, 37027
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 Website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
23. User Generated Content
We welcome your views, comments and other communications, pictures, trackback URLs, or videos on the Website which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content (“User Content”). By adding User Content to the Website or to one of Kemberton’s social media sites, users understand and acknowledge that this information may be available to the public and grant Kemberton a nonexclusive license to display, reproduce, transmit, modify such User Content, and the right to use it for internal and external marketing purposes. Please note that other users may access and distribute posted information beyond the control of Kemberton. Users who do not wish to have their User Content used, published, copied and/or reprinted, should not post on these sites.
You are solely responsible for the User Content you submit, and agree to indemnify Kemberton against any and all claims and liabilities resulting from that content. Kemberton does not approve, endorse, or adopt any User Content, and Kemberton assumes no liability for any User Content submitted by you or others. If you believe any User Content infringes on your proprietary rights, please contact Kemberton.
Kemberton retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. Kemberton also retains the right to ban or block a user from posting on the Website and social media pages without notice for a pattern of inappropriate postings or as it deems necessary.