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Terms & Conditions

TERMS OF USE

Welcome to The R. Thompson & Associates LLC website (“Website”). This Website is owned and operated by R. Thompson & Associates LLC (“RTA”).

By accessing or using our Website in any way, you are agreeing to comply with these Terms of Use (“Terms of Use”). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Website for any purpose.

RTA reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.  Accordingly, you agree to review the Terms of Use prior to any use of the Website.


1. NO RELIANCE ON ADVICE

(a) Not Legal Advice. RTA is not a law firm and its employees are not licensed to practice law. Content that is presented on this Website is for informational purposes. Nothing on the Website shall be construed as legal advice and it is not intended to be legal advice.

(b) Not Personalized Advice. RTA does not offer personalized political advice or consulting through the Website. RTA’s specific advice is given only within the context of our contractual agreements with each client. The Website is limited to general information about RTA’s services.

2. INTELLECTUAL PROPERTY

The Website, and all information and/or content that you see, read, hear, and/or otherwise experience on the Website (the “Content”) is protected by U.S. and international copyright, trademark and other laws, and belongs to RTA, its affiliates, partners, contributors or third parties. RTA grants you a personal, non-exclusive, non-transferable license to use the Website and the Content, and to download, print and store portions of the Content that you select; provided, however, that you; (1) use those portions of the Content only for your own personal, non-commercial use;(2) do not copy or post the Content on any network computer, and/or transmit, distribute, publish or broadcast the Content in any media and/or in any manner; and (3) do not modify or alter the Contents in any way,  including but not limited to deleting and/or changing any copyright or trademark notice. No right, title or interest in any downloaded Content or material is transferred to you as a result of this license. RTA reserves complete title and full intellectual-property rights in any and all Content you download from the Website, subject to the limited license set forth herein for you to make personal, non-commercial use of the Content. You may not mirror or frame the home page or any other pages of this Website on any other website. In addition, all page headers, custom graphics, button icons and scripts are the intellectual property of RTA and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of RTA. You may not create links to this site that bypass the home page or other parts of the Website. You may not use any of the marks or logos appearing throughout the Website without express written consent from the trademark owner, except as permitted by applicable law. RTA will enforce its intellectual property rights to the fullest extent of the law.


3. DISCLAIMER OF WARRANTIES

RTA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATION, OR  ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE, OR THE CONTENT. RTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGMENT WITH REGARD TO THE WEBSITE, THE SERVICE, AND THE CONTENTS. RTA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. RTA DOES NOT WARRANT THE ACCURACY OR COMPLETENES OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

(a) Reliance on Advice/Information. No advice or information, whether oral or written, obtained from you by RTA or through or from our Website, shall create any warranty. Advice or information received by means of our Website should not be relied upon for significant personal, business, political, medical, legal or financial decisions and you should consult a professional for advice tailored to your specific situation. RTA does not guaranty or warrant the correctness, accuracy, quality, or reliability of the information contained on  the Website.

(b) Downloading Files. RTA cannot and does not guarantee or warrant that files available for downloading or otherwise obtained through the Website will be free from infection by software viruses or other harmful computer code, files or programs. All risk as to the quality and performance of the Website and the Service and the accuracy of the Content shall be borne solely by you.

(c) International Use. RTA makes no representation that the Content is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

(d) Third Party Links. Hypertext links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by RTA of the third party, the third-party website, or the information contained therein, unless expressly stated on the Website. You acknowledge and agree that RTA is not responsible for the availability of any such web sites and that RTA does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon. You need to make your own decisions regarding your interactions or communications with any other web site.

(e) Third Party Content. The Website may contain information or content provided by third parties not related to RTA. The presence of such third party information and content does not constitute or imply an endorsement, sponsorship, or recommendation by RTA of the third party or such information or contents. You acknowledge and agree that RTA is not responsible for availability of any such information or contents and that RTA does not endorse or warrant, and is not responsible or liable for, any such information or contents.


4. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL RTA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH, OR FACILITATED BY, THE WEBSITE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE, AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE, OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENTS, EVEN IF RTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE SITE IS AT YOU SOLE RISK. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SOME OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, RTA’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATES EXTENT PERMITTED BY LAW, BUT YOU AGREE THAT RTA’S LIABILITY, IN NO EVENT, SHALL EXCEED $100.


5. INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless RTA, affiliated companies, joint ventures, business partners, licensors, employees, and agents, from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fee, resulting from or arising out of your use, misuse, or inability to use the Website, the Service, or the Content, or any violation by you of the Terms of Use.


6. USER CONDUCT

You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Contents. You agree not to add to, subtract from, or otherwise modify the Contents. You agree not to use the Website in any manner that might interfere with the rights of third parties.


7. GENERAL PROVISIONS

(a) Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement between you and RTA (hereinafter the “Parties”) with respect to the subject matter hereof. No waiver by RTA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

(b) Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. RTA therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. RTA does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

(c) Severability. If any part of the Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable,  the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.

(d) Choice of Law. This Agreement shall be governed by, and will be interpreted according to the laws of the State of Georgia, U.S.A., without regard to any conflict of laws provisions.

(e) Dispute Resolution/Choice of forum. Any controversy, claim, or dispute of whatever nature arising between the Parties (a “Dispute”), including, without limitation, a Dispute arising out of, or having to do with the Website or this Agreement, shall be resolved by binding arbitration in Fulton County, Georgia. The arbitration shall be undertaken pursuant to the substantive laws of the State of Georgia and the Federal Arbitration Act, and the decision of the arbitrator(s) shall be enforceable in any court of the competent jurisdiction. The Parties knowingly and voluntarily waive their rights to have their dispute tried and adjudicated by a judge or jury. Any party may demand arbitration as provided above by sending written notice to the other party. The arbitration and the selection of the arbitrator(s) shall be resolved by binding arbitration in accordance with the following procedure: Either (I) RTA and buyer  shall mutually select an arbitrator  (II) If Parties cannot agree on such arbitrator, you and RTA, shall each select one arbitrator, who shall both be retired judges of state or federal courts and those two arbitrators shall then select a third arbitrator, who shall be a retired judge of a state or federal court. All arbitration proceedings shall be conducted under the auspices of the American Arbitration association, under its commercial arbitration rules. The Parties hereto agree that the arbitrator’s ruling in the arbitration shall be binding and final and not subject to appeal or challenge. The Parties hereto further agree that the arbitration proceedings, testimony, discovery, documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, and the outcome, will be treated as confidential and will not be disclosed to any third party to such proceedings, except the arbitrator(s) and their staff, the Parties’ attorneys and their staff, and any experts retained by the Parties. Not withstanding the above, nothing in this paragraph or in any of the applicable rules of the American arbitration Association shall prevent  RTA from seeking emergency, provisional, or summary relief outside of arbitration, including but not limited to equitable and/or injunctive relief, pending the arbitrator’s final decision. Any Disputes as to rights to injunctive relief or rights relating to intellectual property or confidentiality obligations will be venued in a state or federal court situated in Fulton County, Georgia, U.S.A., and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose.  You also agree to waive any defense pertaining to jurisdiction or lack of jurisdiction, and venue.  Arbitration is the sole exclusive remedy of the Parties of any controversy hereunder, and this arbitration clause shall be construed in accordance with the laws of the State of Georgia without reference to choice of law principles, and shall be deemed to be a mandatory submission to arbitration under the provisions of said laws.

R. Thompson & Associates LLC is not a law firm nor are its partners and employees licensed to practice law. Content that is presented herein is for informational purposes. Nothing herein shall be construed as legal advice nor is intended to be legal advice