Terms of Use

Terms of Use

Please carefully review these Terms of Use before using this website. These Terms of Use govern the relationship between you and Miles Weatherly Associates, Inc. (“MWA“) and constitute a legally binding agreement between you and MWA. By accessing or using the MWA website (the “Website”), you acknowledge that you have read, understood and accept these Terms of Use. These Terms of Use are effective as of February 11, 2020.

Please review MWA’s privacy policies for information on MWA’s privacy practices with respect to the Website. You represent and warrant to MWA that you have read MWA’s privacy policy, and you agree to abide by the obligations imposed on you by the policy. In addition, you agree to MWA’s use of the personal information you supply or communicate to MWA in connection with your use of the Company website as and to the extent set forth in the privacy policy.

Your Access to the Website; Eligibility.

You agree that your use of the MWA website shall at all times be in compliance with these Terms of Use and all applicable laws. MWA retains the right to deny service, or access to the Website, to any person or entity or an account, at any time and for any reason in its sole discretion. In addition, MWA reserves the right to take any action it deems necessary in its sole discretion with respect to any aspect of the Website to: (i) satisfy any applicable law, rule, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including without limitation, investigating any potential violations of these Terms of Use; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to support or other requests from subscribers, if applicable; or (v) protect the rights, property or safety of MWA, its subscribers and the public.

Your Conduct.

Your use of the Website and all account activity must be in compliance with these Terms of Use and all applicable laws and regulations. MWA shall determine in its sole discretion whether you have acted in violation of the Terms of Use. If MWA determines that you have violated these Terms of Use, then MWA may in its sole discretion (i) permanently bar, temporarily suspend or otherwise limit or deny in any way your use of the Website, (ii) pursue any other corrective remedies MWA deems appropriate, or (iii) pursue any other remedies available to MWA under the law.

Communications with MWA.

By sending MWA any ideas, comments, suggestions, questions or other material (“Unsolicited Ideas“), you agree MWA (i) has no obligations with respect to the Unsolicited Ideas, including without limitation, any obligation to keep, protect the confidentiality of or maintain or protect in any other way; and (ii) will own all Unsolicited Ideas it receives from you and it may use the Unsolicited Ideas in any way it desires, including without limitation, disclosing or redistributing the Unsolicited Ideas to third parties, all without restriction and without any obligation to acknowledge or compensate you.

You agree that no comments or other information submitted by you to MWA will violate any personal or proprietary right of any third party (including, without limitation, copyright and trademark rights). You agree that no comments or other information submitted by you to MWA will be libelous, obscene, harassing, abusive or otherwise unlawful. You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to MWA.

Intellectual Property.

The Website and all of the Website content is owned by MWA and is protected by U.S. and international copyright laws. Copyright 2020 Miles Weatherly Associates, Inc. All rights reserved. All elements comprising the Website, including without limitation, the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of MWA or its licensors, and are protected by U.S. and international copyright laws. All software used in this site is the property of MWA or its licensors, and such software is also protected by U.S. and international copyright laws.

Disclaimer of Warranty.

THE WEBSITE, THE WEBSITE CONTENT AND ANY SERVICES AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. MWA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEBSITE, ITS USES AND ANY SERVICES OFFERED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability.

IN NO EVENT SHALL MWA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE WEBSITE AND/OR ANY CONTENT, MATERIALS OR SERVICES AVAILABLE AT THE WEBSITE.

Third Parties.

The Website may include links to other third-party websites, services or resources (each, a “Third-Party Service“). Your use of Third-Party Services is at your own risk. MWA makes no representations whatsoever about any third-party websites that you may access through the Website, and the fact that we have linked to another site should not be construed as an endorsement of that site or its proprietor. MWA is not responsible for the privacy practices, terms and conditions or content of such websites, or the services provided by such third parties. MWA prohibits (i) the framing of any materials available through this site, and (ii) “deep linking” to pages of the site other than the home page. MWA reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked to this site.

Indemnity.

You agree to indemnify, defend, and hold harmless MWA, its officers, directors, employees and agents, (collectively, “MWA Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any (i) violation of these Terms of Use, (ii) activity related to your account with MWA (including negligent or wrongful conduct), or (iii) your access to or use of the Website.

Applicable Law.

Your use of the site shall be governed by the laws of the State of Georgia without regard to its choice of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Fulton County, Georgia with respect to any legal proceedings arising out of these Terms of Use, the MWA privacy policy, or your use of the Website.

Changes to the Website and Website Content.

MWA reserves the right to make additions, deletions or modifications to the Website and the Website content at any time without prior notice to you. MWA is under no obligation to update any Website content, even if MWA knows that the Website content includes outdated information or information that is based on outdated law.

Miscellaneous.

MWA reserves the right to change, alter or modify these Terms of Use or the privacy policy for any reason at any time. When we do so, changes in these Terms of Use will be posted on the Website and will be effective immediately. If you are a regular visitor to the Website, we recommend that you check these Terms of Use on a regular basis.

These Terms of Use contain the entire agreement between you and MWA regarding the MWA website and the Website content and supersede any prior agreement between you and MWA relating to its subject matter.

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

You may not assign or transfer in any way any of your rights or obligations under these Terms of Use without MWA’s prior written consent. MWA may assign or transfer in any way its rights and obligations under these Terms of Use without restriction.

Any failure by you or MWA to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If MWA takes any action to enforce these Terms of Use, MWA will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and the costs of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

MWA reserves all rights not expressly granted to you under these Terms of Use.

Contact.

If you have any questions about these Terms of Use, please feel free to contact us at info@milesweatherly.com