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Terms of Use

(updated February 22, 2011)

This Terms of Use (the "Agreement") is a legal and binding contract between you and Kitchens Kelley Gaynes, P.C. ("KKG"). Please read this Agreement carefully.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS, VIEW, OR USE ANY PART OF THE SITE. BY ACCESSING, VIEWING, OR USING ANY PART OF THE SITE, YOU ARE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.

1. NO ATTORNEY-CLIENT RELATION

The transmission of information to or from this site is not intended to, nor does it, create an attorney-client relationship between you and KKG (or any of its lawyers). See our disclaimers, incorporated herein by reference.

AS A RESULT, YOU SHOULD NOT TRANSMIT ANY CONFIDENTIAL OR SENSITIVE INFORMATION TO US UNTIL A FORMAL ATTORNEY-CLIENT RELATIONSHIP HAS BEEN ESTABLISHED.

2. ADVERTISING

KKG is comprised of attorneys licensed in the states of Georgia, Virginia, and North Carolina and in several federal jurisdictions. This site is not intended to constitute advertising or solicitation. But this site may be considered advertising under the rules of some jurisdictions. Prior results described on this site cannot and do not guaranty or predict a similar outcome with respect to any future matter that KKG may be retained to handle. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

3. COPYRIGHT and trademarks

All materials contained on this site, including, but not limited to, text, video, graphics, and software, are owned or controlled by KKG or the party credited as the provider of the content. Such materials, individually and compiled, are copyrighted under the United States copyright laws and international laws and treaties. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the site.  AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

The contents of the site are only for your personal, informational, and noncommercial use. By downloading the material, you do not acquire any ownership interest or rights to the copyrighted material. The material presented is for your personal, informational use only and not for commercial purposes. You may not publish, copy, transmit, modify, link, create derivative works, or in any other way use, display, or exploit the contents of this site in whole or in part without KKG’s express written permission. If KKG grants written permission to copy, transmit, publish, or link the copyrighted materials, you may not make any changes or deletions, and you must attribute KKG as the source of the material. You are prohibited from deep-linking into the site without attribution.

4. SITE ACCESS

a. License. Your access to the site is licensed by KKG and made available to you subject to the terms, conditions, and limitations in this Agreement. Your license to access, view, and use this site is personal, non-transferable, and non-exclusive.

b. Accessibility. The site may be inaccessible or inoperable from time to time for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which KKG may undertake from time to time; or (iii) causes beyond the control of KKG, whether or not foreseeable. KKG has no liability for any such lack of access or operation.

c. Equipment. You are solely responsible for providing, maintaining, and ensuring the compatibility of your equipment for your access, viewing, and use of the site, including all hardware, software, electrical, and other physical requirements and services.

d. Security. You are solely responsible for the security, confidentiality, integrity, and use of all messages and content that you transmit to the site.

5. PROHIBITED USES

You are solely responsible for any and all of your acts and omissions that occur when using the site, and you agree not to engage in unacceptable use of the site, which includes, without limitation, use of the site to: (a) transmit unsolicited messages, chain letters, or unsolicited commercial email; (b) transmit material that to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) transmit viruses, trojan horses, or any other malicious code or program; (e) engage in systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from KKG by use of scrapers or other tools; or (f) engage in any other activity deemed by KKG to be in conflict with the spirit or intent of this Agreement.

6. PRIVACY

You have no expectation of privacy with respect to the Internet generally or this site in particular. See our privacy policy for further details.

7. TERMINATION

This Agreement is effective upon your access, viewing, or use of the site and shall continue in full force until terminated. KKG reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the site; (b) suspend your access to or use of all or any portion of the site; and (c) terminate this Agreement.

8. NO WARRANTY

The materials presented on this site were accurate at the time they were written. KKG DOES NOT REPRESENT, WARRANT, OR GUARANTY THAT THE MATERIALS AND INFORMATION ON THIS SITE ARE COMPLETE, ACCURATE, OR UP-TO-DATE THEREAFTER.

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KKG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. KKG MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

SOME STATE STATUTES MAY RESTRICT ALL OR PART OF THIS DISCLAIMER. ACCORDINGLY, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

9. NO ENDORSEMENT OR AGENCY

KKG has not reviewed, and assumes no responsibility to review, any of the sites linked to this site. KKG IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS SITE. ANY REFERENCE TO THIRD PARTY INFORMATION, PRODUCTS, OR SERVICES AT THIS OR ANY LINKED SITE DOES NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY OR ENDORSEMENT BY KKG. WHEN YOU LINK TO ANOTHER SITE FROM THIS SITE, YOU LEAVE THIS SITE AND SERVER CONTROLLED BY KKG AND ENTER INTO THE JURISDICTION OF THE LINKED SITE UNDER THE CONTROL OF A THIRD PARTY FOR WHICH KKG HAS NEITHER RESPONSIBILITY NOR CONTROL. KKG has not authorized any third party to act as its agent or bind it in any other manner.

10. COMPUTER RISKS

Your use of this site is AT YOUR OWN RISK. KKG assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer or other property as a result of your access to this site or your downloading of any material.

11. LIMITED LIABILITY; EXCLUSIVE REMEDY

UNDER NO CIRCUMSTANCES SHALL KKG BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, ANY LINKED SITE, OR THE INTERNET GENERALLY, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE EVEN IF KKG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. IN NO EVENT SHALL KKG'S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AGGREGATE AMOUNT OF $5.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITE.

12. INDEMNIFICATION

You will and do hereby indemnify, hold harmless, and defend KKG, its shareholders, directors, officers, employees, and agents from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorneys' fees, asserted by any person arising out of or relating to: (a) your use of the site, including any data or work transmitted or received by you; (b) any unacceptable use of the site, including, without limitation, any statement, data, or content made, transmitted, or republished by you, or (c) your breach of this Agreement.

13. Miscellaneous

a. Waiver. No waiver by KKG of any breach or default of this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. No waiver shall be binding unless executed in writing by the party making the waiver.

b. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

c. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by e-mail to either parties' last known e-mail address. You hereby consent to notice by email.

d. Governing Law and Venue. KKG's office is located in Atlanta, Fulton County, Georgia. By accessing this site, you agree that your use of this site is in Fulton County, Georgia. This Agreement is made in and shall be governed by the laws of the State of Georgia without reference to its choice of law provisions. Jurisdiction and venue for all actions, claims, and disputes arising under or relating to this Agreement shall be proper only in the Superior or State Court for Fulton County, Georgia or the United States District Court, Northern District of Georgia, Atlanta Division, depending upon which of the said Courts has subject matter jurisdiction. The parties hereby irrevocably submit to the exclusive jurisdiction and venue of said courts and hereby irrevocably waive any objections and defenses to such jurisdiction and venue, including forum non conveniens.

e. Attorney's Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, KKG shall be entitled to reasonable attorney's fees and other costs and expenses in addition to any other relief to which KKG may be entitled.

f. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.

g. Entire Agreement. This Agreement constitutes the entire agreement between you and KKG regarding the site and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties concerning the site.

h. Changes. You may not alter any part of this Agreement without KKG's express written consent. Any attempt to do so by you is rejected and is void. KKG may change this Agreement at any time by updating this site. Your continued use of this site after any changes are made shall be deemed your acceptance of the changes. You should periodically visit this page to determine the current terms of use.