Terms of Use

Acceptance of terms of use and amendments

Each time you use or cause access to this web site, you agree to be  bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular  service on this web site or  accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and  they will be incorporated by reference within these Terms of use.  Please read the site’s Privacy policy, which is incorporated within these Terms of use by reference.

The Scruggs Company’s service

This web site and the services provided to you on  and via this web  site are provided on an “AS IS” basis. You agree that The Scruggs Company reserves the right to modify or discontinue provision of  this  web site and its services, and to remove the data you provide,  either  temporarily or permanently, at any time, without notice and without any liability towards you, The Scruggs Company will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

Privacy policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of The Scruggs Company’s Privacy policy.

Registration and password

In the event that you are responsible for maintaining the confidentiality of your password, you will be responsible for all usage  of your user account  and/or user name, whether authorized or not  authorized by you. You agree to immediately notify The Scruggs Company of any unauthorized use of  your user account, user name or password.

Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used.  The Scruggs Company will  not be responsible to you in any way for content  displayed on this web  site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:

(a)  you will not provide any content or conduct yourself in any way  that  may be construed as: unlawful; illegal; threatening; harmful;  abusive;  harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided;  infected with a virus or other destructive or deleterious programming  routine;  giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) you will not  impersonate or misrepresent your association with any  person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information about other users;

(d)  you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any  manner that would involve junk mail, spam, chain letters, pyramid  schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or  content without The Scruggs Company’s prior written consent;

(e) you will not provide any content that may give rise to The Scruggs Company being held civilly or criminally liable, or that may be considered a violation of any local,  national or international law, including — but not limited to — laws  relating to copyrights, trademarks, patents, or trade secrets.

Submission of content on this web site

By providing any content to this web site:

(a) you agree to grant The Scruggs Company to use, display, reproduce,  modify, adapt, publish, distribute,  perform, promote, archive,  translate, and to create derivative works  and compilations, in whole or  in part. Such license will apply with  respect to any form, media,  technology already known at the time of  provision or developed  subsequently;

(b)  you acknowledge and agree that The Scruggs Company will have the  right (but  not obligation), at The Scruggs Company’s entire discretion,  to refuse to  publish, or to remove, or to block access to any content  you provide, at  any time and for any reason, with or without notice.

Third-party services

Goods and services of third parties may be advertised and/or may be   made available on or through this web site. Representations made   regarding products and services provided by third parties will be   governed by the policies and representations made by these third   parties. The Scruggs Company will not in any manner be liable for or   responsible for any of your dealings or interaction with third parties.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY  SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK.   SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND THE SCRUGGS  COMPANY  EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED  OR  EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,   FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE SCRUGGS COMPANY MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS,  THAT  ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE,  VIRUS-FREE,  TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR  IS IT  WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE  IN ANY  MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE  SCRUGGS COMPANY NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL  ADVICE  OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION  OBTAINED VIA  THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND  THAT THE SCRUGGS COMPANY WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties,   and certain statements in the above disclaimer may not apply to you as   regards implied warranties; the other terms and conditions remain   enforceable notwithstanding.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SCRUGGS COMPANY WILL NOT  BE  LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL  OR  EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR   LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN  IF  THE SCRUGGS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES),  RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO  USE SERVICES,  (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR  SERVICES RESULTING  FROM ANY TRANSACTION ENTERED INTO ON THROUGH  SERVICES, (III)  UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA  TRANSMISSIONS, (IV)  STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY  THIRD PARTY USING  SERVICES, OR (V) ANY OTHER MATTER RELATING TO  SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

Reservation of rights

The Scruggs Company reserves all of The Scruggs Company’s rights,  including  but not limited to any and all copyrights, trademarks,  patents, trade  secrets, and any other proprietary right that The  Scruggs Company may have  in respect of this web site, its content, and  goods and services that  may be provided. The use of The Scruggs  Company’s rights. and property  requires The Scruggs Company’s prior  written consent. By making services  available to you, The Scruggs  Company is not providing you with any implied  or express licenses or  rights, and you will have no rights to make any  commercial use of this  web site or provided services without The Scruggs Company’s prior  written consent.

Applicable law

You agree that these Terms of use and any dispute arising out of your  use of this web site or products or  services provided will be governed  by and construed in accordance with  local laws applicable at The  Scruggs Company’s domicile, notwithstanding any  differences between the  said applicable legislation and legislation in  force at your location.

Miscellaneous information

(i) In the event that any provision of these Terms of use is deemed  to conflict with legislation by a court with jurisdiction  over the  parties, the said provision will be interpreted to reflect the  original  intentions of the parties in accordance with applicable law,  and the  remainder of these Terms of use will remain valid and applicable;

(ii) The failure of either party to assert any right under these  Terms of use will not be considered to be a waiver of that party’s  right, and the  said right will remain in full force and effect.

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