1. Definitions.
"JWPENLAND.COM" is the interactive on-line service operated by James W. Penland
("JWP") on the World Wide Web of the Internet, consisting of information
services and content provided by JWP and other third parties. "Subscriber" means
each person who establishes or accesses a connection ("Account") for access to
and use of JWPENLAND.COM.
2. General.
(A) This Agreement, which incorporates by reference other provisions applicable to use of JWPENLAND.COM, including, but not limited to, supplemental terms and conditions set forth in paragraph 13 hereof ("Supplemental Terms") governing the use of certain specific material contained in JWPENLAND.COM, sets forth the terms and conditions that apply to use of JWPENLAND.COM by Subscriber. By using JWPENLAND.COM (other than to read this Agreement for the first time), Any click on any hyperlink, other than a hyperlink to this page, shall constitute the Subscriber's electronic signature agreeing to comply with all terms of this agreement. Subscriber agrees to comply with all of the terms and conditions hereof. The right to use JWPENLAND.COM is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) JWP shall have the right at any time to change or discontinue any aspect or feature of JWPENLAND.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(C) The use of JWPENLAND.COM shall not create any attorney-client relationship between Subscriber and James W. Penland or any other attorney at law who may list or provide information on JWPENLAND.COM. Subscriber agrees and acknowledges that none of the information posted on JWPENLAND.COM is legal advice or counsel and agrees never to claim that any attorney client relationship is/has/or will be created by Subscriber's use of JWPENLAND.COM or any of the E-mail links posted on JWPENLAND.COM. The information, forms, and articles on JWPENLAND.COM are not intended to provide specific legal, investment, or tax advice, but are intended only as a general information source intended generally to familiarize the Subscriber with the subject matter. Matters of specific legal or tax nature should be discussed with a competent attorney or tax professional specializing in that particular field or practice. The materials on this World Wide Web site are provided for informational purposes only, do not constitute legal advice, do not necessarily reflect the opinions of JWP or any of its attorneys or clients, and are not guaranteed to be correct, complete, or up-to-date. This World Wide Web site is not intended to create an attorney-client relationship between you and JWP, and you should not act or rely on any information in this World Wide Web site without seeking the advice of an attorney. JWP and the other attorney's listed on this site would be pleased to communicate with you by e-mail. However, if you communicate with us through this World Wide Web site or otherwise in connection with a matter for which we do not already represent you under a written agreement, your communication will not be treated as privileged or confidential and you should not consider it to be an attorney client communication. If you communicate with any person by e-mail in connection with any matter, your are hereby warned that internet e-mail is not secure and you should avoid sending sensitive or confidential internet e-mail messages unless they are adequately encrypted. In some jurisdictions this World Wide Web site may be considered advertising. The hiring of a lawyer is an important decision that should not be based solely upon written information about our qualifications and experience. JWPENLAND.COM and the lawyers who have pages on this site have endeavored to comply with all known legal and ethical requirements in compiling this World Wide Web site. JWP does not desire to represent clients based upon their review of any portions of this World Wide Web site that do not comply with legal or ethical requirements. The pages on this World Wide Web site and some of the articles on this World Wide Web site contain links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that JWP sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. To the extent the State Bar Rules in your jurisdiction require us to designate a principal office and/or a single attorney responsible for this World Wide Web site, JWP, D. Ruth Primm, Dwight Meredith, Hugh Wood, and Wood & Meredith have designated their office in Tucker, Georgia, USA as their respective principal offices. James W. Penland is the person responsible for this World Wide Web site.
(D) Allowing the authors and/or their companies to post articles herein and the provision of return links to them, does not constitute an endorsement or recommendation of their products or services. The return links are provided only as an inducement to the author to post what we feel to be useful information on our website.
3. Changed Terms.
JWP shall have the right at any time to change or modify the terms and conditions
applicable to Subscriber's use of JWPENLAND.COM, or any part thereof, or to impose new
conditions, including, but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting on JWPENLAND.COM, or by
electronic or conventional mail, or by any other means by which Subscriber obtains notice
thereof. Any use of JWPENLAND.COM by Subscriber after such notice shall be deemed to
constitute acceptance by Subscriber of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of JWPENLAND.COM and all charges
related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use JWPENLAND.COM for lawful purposes only. Subscriber shall not post or transmit through JWPENLAND.COM any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without JWP's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in JWP's discretion restricts or inhibits any other Subscriber from using or enjoying JWPENLAND.COM will not be permitted. Subscriber shall not use JWPENLAND.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with JWPENLAND.COM.
(B) JWPENLAND.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of JWPENLAND.COM are copyrighted as a collective work under the United States copyright laws. JWP owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of JWP and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on JWPENLAND.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of JWPENLAND.COM, Subscriber automatically grants, or warrants that the owner of such material has expressly granted JWP the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants JWP the right to edit, copy, publish and distribute any material made available on JWPENLAND.COM by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of JWP, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF JWPENLAND.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER JWP, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT JWPENLAND.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF JWPENLAND.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH JWPENLAND.COM.
(B) JWPENLAND.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT JWP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL JWP, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING JWPENLAND.COM OR THE JWPENLAND.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE JWPENLAND.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON JWPENLAND.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, JWP, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN JWPENLAND.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. THE SUBSCRIBER AGREES THAT NONE OF THE INFORMATION ON THE SITE SHALL BE TREATED BY THE SUBSCRIBER AS EITHER LEGAL ADVICE OR INVESTMENT ADVICE. PRIOR TO THE EXECUTION OF ANY LEGAL ACTION OR STOCK TRADE, SUBSCRIBERS SHOULD CONSULT WITH YOUR ATTORNEY, BROKER, OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. JWP, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, JWP, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
JWP shall have the right, but not the obligation, to monitor the content of JWPENLAND.COM,
including chat rooms and forums, to determine compliance with this Agreement and any
operating rules established by JWP and to satisfy any law, regulation or authorized
government request. JWP shall have the right in its sole discretion to edit, refuse to
post or remove any material submitted to or posted on JWPENLAND.COM. Without limiting the
foregoing, JWP shall have the right to remove any material that JWP, in its sole
discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless JWP, its affiliates and their
respective directors, officers, employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of the use of JWPENLAND.COM by Subscriber
or Subscriber's Account.
9. Termination.
Either JWP or Subscriber may terminate this Agreement at any time. Without limiting the
foregoing, JWP shall have the right to immediately terminate Subscriber's Account in the
event of any conduct by Subscriber which JWP, in its sole discretion, considers to be
unacceptable, or in the event of any breach by Subscriber of this Agreement. The
provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive
termination of this Agreement.
10. Trademarks.
JWP and JWPENLAND.COM are trademarks of James W. Penland. All rights reserved. All other
trademarks appearing on JWPENLAND.COM are the property of their respective owners.
11. Third Party Content.
JWP is a distributor (and not a publisher) of content supplied by third parties and
Subscribers. Accordingly, JWP has no more editorial control over such content than does a
public library, bookstore, or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available by third parties,
including information providers, Subscribers or any other user of JWPENLAND.COM, are those
of the respective author(s) or distributor(s) and not of JWP. Neither JWP nor any
third-party provider of information guarantees the accuracy, completeness, or usefulness
of any content, nor its merchantability or fitness for any particular purpose. (Refer to
Section 6 above for the complete provisions governing limitation of liabilities and
disclaimers of warranty.)
In many instances, the content available through JWPENLAND.COM represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with JWP. JWP neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on JWPENLAND.COM by anyone other than authorized JWP employee spokespersons while acting in their official capacities. Under no circumstances will JWP be liable for any loss or damage caused by a Subscriber's reliance on information obtained through JWPENLAND.COM. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through JWPENLAND.COM. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for JWPENLAND.COM established by JWP constitute the
entire agreement of the parties with respect to the subject matter hereof, and supersede
all previous written or oral agreements between the parties with respect to such subject
matter. This Agreement shall be construed in accordance with the laws of the State of
Georgia, without regard to its conflict of laws rules. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. By using JWPENLAND.COM, other than for the sole purpose of reading this
Agreement, Subscriber agrees and contracts that if any legal proceedings are brought by
Subscriber or JWP, they shall be brought either in the Superior Court of DeKalb County,
Georgia USA or in the United States District Court for the Northern District of Georgia,
Atlanta Division, Atlanta, Georgia USA (said courts hereinafter called the "Georgia
Courts") and specifically consents to personal jurisdiction and venue in said Georgia
Courts for all disputes arising with respect to any matter relating to JWPENLAND.COM. In
the event that Subscriber brings any action against JWP or any other person or entity with
respect to the contents or operation of JWPENLAND.COM, in any court or tribunal other than
the Georgia Courts, then said Subscriber bringing or participating in said action shall
indemnify JWP for all costs, attorney's fees, and expenses of defending said actions and
hereby agrees to permit the transfer of any such action to one of the Georgia Courts.
The section headings used herein are for convenience only and shall not be given any legal import.
13. Supplemental Terms:
As set forth in the JWPENLAND.COM Service Agreement which governs the use of
JWPENLAND.COM, please be informed that neither, James W. Penland ("JWP") nor its
information providers or content providers shall be liable regardless of the cause or
duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or
UNAUTHENTICITY of, the information contained within JWPENLAND.COM, or for any delay or
interruption in the transmission thereof to the user, or for any claims or losses arising
therefrom or occasioned thereby. None of the foregoing parties shall be liable for any
third- party claims or losses of any nature, including, but not limited to, lost profits,
punitive or consequential damages.
None of the information provided on JWPENLAND.COM shall be considered to be our used as investment or legal advice. Prior to the entry into any contract, taking any legal decision, or execution of a stock trade, you are warned not to rely upon any information found on JWPENLAND.COM and to consult with your attorney, accountant, financial advisor, broker or other financial representative to verify pricing or other information. JWP, its affiliates, information providers or content providers shall have no liability for investment, accounting, or legal decisions based on the information provided through or by way of JWPENLAND.COM.
Neither, JWP, nor its affiliates, information providers or content providers, warrant or guarantee the timeliness, sequence, accuracy or completeness of any information provided on JWPENLAND.COM. Additionally, there are no warranties as to the results obtained from the use of the information.
Wood & Meredith, Hugh C. Wood, Dwight A. Meredith, and D. Ruth Primm are not in partnership with James W. Penland. References to Wood & Meredith, Hugh C. Wood, Dwight A. Meredith, and D. Ruth Primm is made as an accomodation to them and shall not reflect or evidence any partnership relation with them. Note that all use of the Wood and Meredith site is subject to the Wood & Meredith Terms set forth on that site and your use of that site shall be governed by those terms.
Updated January 4, 1998.
© Copyright by James W. Penland, Atlanta, Georgia, 1998, all rights reserved.