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1. No Legal Advice
The information and materials available on the Site (the “Materials”) are for informational purposes only and are not intended to and do not constitute legal advice or a solicitation for the formation of an attorney-client relationship. The information provided on this Site may not apply to your particular facts or circumstances; therefore, you should seek legal counsel prior to relying on any information that may be found on this Site. Furthermore, information provided on this Site may not reflect the most recent developments in the law and may not be applicable in your particular jurisdiction. Therefore, you should not act on any of the information contained on this Site until you obtain legal counsel from a qualified lawyer in your jurisdiction.
No attorney-client relationship is created between you and FMG because of your use of the Site or your receipt of the Materials. FMG accepts clients only in accordance with certain formal procedures, and renders legal advice only after completion of those procedures. FMG does not seek to represent anyone desiring representation based upon viewing the Site in a state, territory or foreign country where the Site fails to comply with applicable laws and ethical rules. In addition, FMG’s attorneys do not seek to practice law in states, territories or foreign countries where they are not properly authorized to do so.
2. No Automatic Attorney-Client Relationship
3. No Advertisement
This Site and the information contained herein are not intended to be an advertisement or solicitation of business, but it may be considered an advertisement in some jurisdictions.
4. Intellectual Property Rights
b. Authorized and Prohibited Uses
c. User Content
d. Registration and Passwords
At times, we may or may not require you to have a password and provide authentication details to access this Site or portions of this Site. If we do require a password and other authentication details, the details you provide must be correct, current and complete. If we believe that the details are not correct, current and complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Site or any portion hereof, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right to refuse to issue a password to any person or entity.
e. Compliance With the Digital Millennium Copyright Act
FMG respects the rights of all copyright holders, and it is FMG’s policy to respond to notices of alleged copyright infringement in compliance with the Digital Millennium Copyright Act and other applicable laws. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
iii. Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the Content;
iv. Information reasonably sufficient to permit us to contact the complaining party;
v. A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent or the law;
vi. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact FMG’s Copyright Agent as follows:
Freeman Mathis & Gary, LLP
Attn: Copyright Agent
100 Galleria Parkway, Suite 1600
Atlanta, GA 30339 Email: [email protected]
5. Warranty Disclaimers
THIS SITE, ITS CONTENT, MATERIALS AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. FMG, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SITE (INCLUDING ITS CONTENT, MATERIALS, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. Limitations on Liability and Remedies
EXCEPT IN SITUATIONS WHERE AN ATTORNEY-CLIENT RELATIONSHIP EXISTS BETWEEN YOU AND FMG, FMG’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH FMG AND OR ITS AFFILIATES (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE) IS TO DISCONTINUE YOUR USE OF THE SITE. FMG, ITS AFFILIATES, SUPPLIERS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS SITE OR MATERIALS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH FMG. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF FMG HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS FMG’S AND ITS SUPPLIERS’ OR VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF FMG WILL BE LIMITED TO, IN THE SOLE DISCRETION OF FMG, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK, OR (2) REFUND OF ANY FEES FOR THIS SITE RECEIVED BY FMG FROM YOU.
8. Dispute Resolution; Applicable Law and Forum
9. Separate Terms and Conditions
10. Privacy Statement
You may link to any page of this Site, but no framing is permitted. Any link to this Site must be immediately followed by notice to FMG via email at [email protected]. In the event we deem your linking practices in relation to this Site to be inappropriate, we may provide you with notice concerning removal
or modification of the inappropriate link, and you agree to comply with any and all requirements of FMG relating thereto. Please use an official FMG Web banner when linking to this Site. You may use such Web banner solely in connection with the link unless and until FMG gives notice that you must stop using the Web banner and/or discontinue linking to this Site.
b. Authority of Website Administrator
c. Good Samaritan Policy
It is FMG’s policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make our best efforts to remove, disable or restrict access to the availability of Content or Materials on the Site that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon FMG any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Site. If you believe that someone has violated this policy, we ask you to promptly notify us by email at [email protected].
d. Import/Export Control
You agree not to submit any Content to this Site or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
12. Your Obligations
b. Unsuitable Content and Conduct
You will not engage in conduct or submit to this Site any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. You will not cause damage, embarrassment or adverse publicity to FMG.
c. Functional Compatibility and System Abuse
abusive activity with respect to this Site. Without limiting the generality of the foregoing, you agree not to send, create or reply to so-called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent); engage in “spamming” (i.e., unsolicited emailing for business or other purposes); or undertake any other activity that may adversely affect the use or enjoyment of this Site by any person. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password-guessing programs, cracking tools or network-probing tools) is strictly prohibited. If you become involved in any violation of system security, FMG reserves the right to release your details to system administrators at other sites and law enforcement authorities to assist them in resolving security incidents.
d. Your Cooperation and Notification
13. Third Party Sites and Other Information
This Site may contain Content, links and other information submitted by third parties over whom FMG has no control or responsibility, as well as translations thereof that we may arrange. These third-party sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with FMG) FMG is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by FMG or any association with its operators.
15. Contact Information
Last Updated August 2021