Privacy Policy and Terms of Use

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and Terms and Conditions of Web site Access and Use.

TNDUI.COM WEBSITE TERMS OF USE

By accessing or using TNDUI.COM ("Website") you agree to comply with and be bound by these Terms of Use ("Terms of Use"). Please read these Terms of Use carefully as well as the Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Disclaimer, you must immediately terminate use of the Website.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use/read the Website and the Website’s Content (as defined below, Section 9) for your noncommercial personal use and for no other purpose. The Oberman & Rice Law Firm (“Oberman & Rice”) reserves the right to bar, restrict or suspend any and all access to the Website, and/or to terminate this license at any time for any reason. Oberman & Rice reserves any rights not explicitly granted in these Terms of Use.

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or unless you receive prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Website, any Website Content, or any  (as defined below, Section 9), or any portion thereof. Further, you may not (i) use the Website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Website, including Website Content; (ii) interfere with the proper working of the Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the Website.

3. Your Acceptance; Revisions to Terms of Use. The Website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and Oberman & Rice regarding your use and access to the Website. By using/accessing the Website you agree to the Terms of Use.

The TNDUI.COM Website reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Website. Your use of the Website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Website. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 18, shall apply to a controversy or claim of which you had actual notice on or before the date of any such revision.

4. Website Policies; Additional Terms and Conditions.  The TNDUI.COM Website's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the Website (collectively "Additional Terms and Conditions") are incorporated herein by reference. For instance, the Terms of Use for the Website, which allow users to post comments, will apply to users of those services in addition to these Terms of Use.  To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern. 

5. Click-Through Agreements. Before using certain areas of the Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

6. Personal Login Information. Certain features and areas of the Website may be available only with registration, login, and/or a subscription. 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. Oberman & Rice 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 contact Oberman & Rice (by phone: (865) 249-7200 or via email: oberman@tndui.com or sara@tndui.com) 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.

7. Privacy Policy. For information about the Website’s data protection practices and the Website’s use and protection of your personal information, please read the Website’s Privacy Policy, which is incorporated into and made a part of these Terms of Use.

8. 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 Oberman & Rice’s operation and management of the Website. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Oberman & Rice 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, including TNDUI.COM; any attorney, agent, or employee of Oberman & Rice; and/or Website Parties (as defined below, Section 17), through your use of the Website.  Oberman & Rice may, at its sole discretion and at any time, refuse, reject or delete any posts or other contributions made by the user. 

9. Proprietary Rights. The content of the TNDUI.COM Website includes, without limitation, (i) TNDUI.COM trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "TNDUI.COM Website Marks"); and (ii) Oberman & Rice trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively referred to herein as “Oberman & Rice Marks”); and (iii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork; and (iv) 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) (iii) and (iv) shall be collectively referred to herein as "Website Content"). Website Content is the property of Oberman & Rice, its contributors, 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 Website Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Oberman & Rice or the owner of such content if Oberman & Rice is not the owner.  Any use of the TNDUI.COM Website Marks and/or Oberman & Rice Marks without Oberman & Rice’s written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Website Content, including any such notices appearing on any Website Content you are permitted to download, transmit, display, print, or reproduce from the TNDUI.COM Website.

10. Disclaimer.
Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and 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, the Website does not guarantee the confidentiality or security of any communication or other material transmitted to or from the TNDUI.COM Website over the Internet or other communication network.  Oberman & Rice shall not be obligated to correct or update the Website or the Website Content and shall not be liable for omissions, typographical errors, or out-of-date information, which may appear on the Website. 

No Legal Advice and Disclaimer as to Accuracy of Information. The information on the Website and Website Content are for informational purposes only, and is not legal advice or a substitute for legal counsel.  Use of the website or communication through the Website, including, but not limited to, email, electronic submission, and/or telephone communication, does not create an attorney-client relationship with any of our contributing Attorneys.

The information contained in the Website and 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. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Website or the Website Content should be used as a substitute for advice of competent counsel. The materials on the Website and Website Content do not constitute legal advice and do not necessarily reflect the opinions of Oberman & Rice.

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 Oberman & Rice, its affiliates or contributors.  Oberman & Rice 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.

No Confidentiality. Any electronic communications transmitted through or posted to the Website, or electronic communications sent directly to Website Parties and/or Oberman & Rice (e.g. email, contact form submission) are not confidential.

11. Links to Third Party Websites. The TNDUI.COM Website may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over whom Oberman & Rice exercise no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Website, you do so entirely at your own risk.

12. Links to Websites, Content, Sharing of Content. Links posted by third parties to the Website and/or Website Content may not use the Website trademark or logo and shall not suggest that the TNDUI.COM Website 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. The Website reserves the right to require any linking party to disable or remove any link that violates the Website’s policies, rights or causes interruption or deterioration of Website Content. 

You may download or copy Website Content and other downloadable items displayed on the Website for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Website Content for other than personal use is expressly prohibited without prior written permission from Oberman & Rice or the copyright holder identified in the copyright notice contained in the Website Content.

13. Warranties Disclaimed. THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER OBERMAN & RICE, ITS AFFILIATES, CONTRIBUTORS, SUBSIDIARIES, MEMBERS, WEBSITE DESIGNER, OR SITE ENGINE OPTIMIZATION PROVIDER, NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "WEBSITE PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE WEBSITE OR WEBSITE CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) WEBSITE CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE WEBSITE. 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.

14. Exclusion of and Limitation of Liability. OBERMAN & RICE AND ALL WEBSITE PARTIES SHALL NOT BE LIABLE, AND DISCLAIM 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 WEBSITE AND/OR ANY WEBSITE CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE WEBSITE AND/OR WEBSITE CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE WEBSITE ARISING OUT OF CAUSES BEYOND TNDUI.COM WEBSITE'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE WEBSITE CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE WEBSITE OR WEBSITE CONTENT.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE WEBSITE AND/OR THE WEBSITE CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE WEBSITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT THE TNDUI.COM WEBSITE HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

15. 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 13 AND 14 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OBERMAN & RICE'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Oberman & Rice and/or all Website Parties from and against all claims arising from or in any way related to your use of the Website and/or Website Content, a violation by you of these Terms of Use, or any other actions connected with your use of the Website and/or Website Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees.  Oberman & Rice will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Oberman & Rice and/or Website Parties other than under this Section.

17. Term and Termination. These Terms of Use will take effect at the time you begin using the Website. Oberman & Rice reserves the right, with or without notice, at any time and for any reason to deny you access to the Website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies and any portion of the Website, including any Website Content, in your possession.

18. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Knoxville, TN. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Tennessee and/or the United States District Court for the Eastern District of Tennessee shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. Oberman & Rice reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Eastern District of Tennessee or any State of court located in Knox County, Tennessee.

19. Governing Law. These Terms of Use and all matters regarding your use of the Website shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Tennessee, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

20. Waiver and Severability. The failure of Oberman & Rice to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

21. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and Oberman & Rice relating to the Website and its use by you, and supersedes any previous written or oral communication regarding use of the Website.

22. Contact Information. If you have any questions or concerns regarding these Terms of Use or the Website, please visit our "Contact Us" page.

23. Statute of Limitations. 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.

24. Use of Websites and Content outside of the United States. Oberman & Rice makes no claims regarding access or use of the Website or the Website Content outside of the United States. If you use or access the Website or the Website Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

Revised August 2012