Terms & Conditions

Terms and Conditions of Use

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE
BOUND BY THESE TERMS AND CONDITIONS OF USE.

This website, including all of its features and content (the “website”) is a service made available by Caskie & Frost, a Virginia professional corporation, or its affiliates (“Provider”) and all content, information, services and software ordered or provided on or through this website (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).

1. Website Limited License. As a user of this website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this website and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.

2. Limitations on Use. The Content on this website is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this website provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not use the Content to determine a consumer’s eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from this website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, extract information about usage, or individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our website or the Content without Provider’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this website, except to the extent permitted above. You may not use or otherwise export or re-export this website or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this website or its Content is prohibited.

3. Not Legal Advice. Content is not intended to, and does not, constitute legal advice, and no attorney-client relationship is formed, nor is anything submitted to this website treated as confidential and/or privileged. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this website or materials linked from this website is at your own risk.

4. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

5. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Provider has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Provider reserves the right to remove any Content that allegedly infringes another person’s copyright. Provider will terminate, in appropriate circumstances, subscribers, users, and account holders of the Provider’s system or network who are repeat infringers of another person’s copyright. Notices to Provider regarding any alleged copyright infringement should be directed to the Provider’s following Designated Agent: J. Frederick Watson, Esq., Caskie & Frost, 2306 Atherholt Road, Lynchburg, Virginia 24501, Telephone: (434) 846-2731, Facsimile: (434) 846-0496, Email: fwatson@caskiefrost.com.

6. Linking to this website. You may provide links only to the homepage of this website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the copyright notice, the privacy policy, or other notices on this Site, (b) you give Provider notice of such link by sending an e-mail to [insert e-mail address] and (c) you discontinue providing links to this website if requested by Provider. If you wish to provide links to a section within this website, you should forward your request to Provider at [insert e-mail address] and Provider will notify you if permission is granted, and if so the terms and conditions of the permission.

7. License of Your Content to Provider. By uploading content to or submitting any materials for use on this website, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

8. No Solicitation. You shall not distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Provider. Notwithstanding the foregoing, in any interactive areas of this website where appropriate you a) may list along with your name, address and email address, your own web site’s URL and b) may recommend third party websites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this website.

9. Advertisers. This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

10. Postings in interactive areas of the website.

10.1. Postings to be Lawful. If you participate in interactive areas on this website, you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (“Postings”) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international laws or regulations, either intentionally or unintentionally. Provider may delete your Posting at any time for any reason without permission from you.

10.2. Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.

10.3. No Monitoring of Postings. Provider has no obligation nor does it intend to edit, monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Notwithstanding the foregoing Provider reserves the right to examine from time to time, some, all, or no interactive areas for adherence to the Terms of Use and to remove any materials that may be objectionable or violate the Terms of Use.

10.4. Non-Commercial Use only of Interactive Areas. Any interactive area of this website is provided solely for your personal use. As a participant, you shall not include in your Posting(s) or otherwise distribute on or through this website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of the Provider. Any unauthorized use of any interactive area of this website, its Content or Postings is expressly prohibited.

11. Errors and Corrections. Provider does not represent or warrant that this website or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the Content available website on or through this website will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.

12. Third Party Content. Third party content may appear on this website or may be accessible via links from this website. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider.

13. DISCLAIMER. THIS WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEBSITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF OR RELIANCE ON THIS WEBSITE OR ANY INFORMATION OR CONTENT THERIN, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR THE CONTENT.

14. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE INTERACTIVE AREAS OF THIS WEBSITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

15. Indemnification. You agree to indemnify, defend and hold harmless Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you.

16. Third Party Rights. The provisions of paragraphs 13 (Disclaimer), 14 (Limitation of Liability), and 15 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

17. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

18. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this website and any other Provider websites and their features.

19. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the Commonwealth of Virginia and any action arising out of or relating to these terms shall be filed only in state or federal courts located in the City of Lynchburg, Virginia, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

20. Privacy. Your use of this website is subject to the Privacy Policy located on this site.

21. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this website, the Privacy Policy and the Copyright notice and constitute the entire agreement with respect to access to and use of this website and the Content. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding anything to the contrary in these Terms of Use, if you have a separate signed written agreement with a Provider that applies to your use of any of that Provider’s Content, that agreement constitutes the entire agreement between you and that Provider with respect to the affected Content subject thereto (the “Otherwise Covered Content”), and these Terms of Use shall be treated as having no force or effect with respect to the Otherwise Covered Content.

22. Modifications to Terms of Use. Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this website after any such changes constitutes your consent to such changes.