TERMS OF USE
The following Terms of Use (“Terms”) apply when you use Sully Tyler’s Services or website. Please review these terms carefully. They impose legal obligations on you. By using the Services or website, you are acknowledging that you have read and understood these Terms and agree to be legally bound.
1. Effective date.
These Terms are effective as of 6/01/2022.
2. Services.
Sully Tyler’s provides.
3. Parties.
These Terms apply to all end users of the Services or website and any third-part or agent performing work related to the Services or website, such as suppliers and developers (“Developers”).
4. Agreement.
By agreeing to these Terms, you represent and warrant that you are at least eighteen (18) years old and that your use of the website or registration and use of the Services shall at all times comply with local, state, and federal laws and regulations to the extent the same apply (“Applicable laws”).
5. Revocation, Suspension, or Termination.
SULLY TYLER reserves the right to terminate, suspend, or restrict access to the Services or website at its discretion and for any reason, or none at all, including for violation of these Terms or its other policies.
7. Prohibited Uses.
By using the Services or accessing the website, you agree not to do any of the following:
(i) rent, lease, loan, sell, resell, sublicense, distribute, or transfer any rights or permissions granted in connection with using the Services or accessing the website;
(ii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or misrepresent the source, identity, or content of information transmitted to or via the Services, or perform any other fraudulent activity;
(iii) use the Service or access the website for any illegal purpose, or in violation of any Applicable laws;
(iv) remove, circumvent, disable, damage, or interfere with security-related features, features that prevent or restrict use or copying of any data, including content accessible through the Service, or features that enforce limitations on the use of the Services or website;
(v) modify, adapt, translate, or create derivative works based upon the Services, website, or App;
(vii) interfere with or damage operation of the Services or website by any means, including disseminating viruses, adware, spyware, worms, or malicious code, or disabling or impairing the Services or website in any way;
(viii) seek to gain access to the Services or website through “hacking” or other means not expressly authorized in writing by SULLY TYLER.
8. Intellectual Property.
SULLY TYLER owns all rights in and to its intellectual property, including any trademarks, service marks, logos, software, firmware, source code, artwork, graphics, images, text or copy, video, audio or other information and content of or resident on its website, all of which may be protected by trademark, copyright, and other intellectual property laws of the United States, foreign jurisdictions, or international treaties.
9. Indemnity.
You agree to defend, indemnify, and hold SULLY TYLER harmless, its affiliates, officers, directors, employees, agents, licensors, and supplier’s harmless from and against any claims, actions, demands, liabilities, or settlements including without limitation, reasonably legal and accounting fees, resulting from or alleged to result from, your violation of these Terms or other violation of any Applicable Law or rights of any third party.
10. Assumption of Risk.
While using the Services or website from a mobile device, please be aware of your surroundings and exercise reasonable judgment. You agree that you use of the Service or website is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services or website. It is strictly forbidden to use the Services or website while driving. While using a vehicle, you may only access the website after you have stopped your vehicle in an appropriate location permitted by law. If you are using the Service or website in an area where there is traffic or other potentially dangerous conditions, stop and stand in a safe place and remain stationary until you are no longer doing the same.
The website is NOT a replacement for nor does it provide any capabilities to be an emergency notification system or platform.
11. Warranty Disclaimer.
THE SERVICES OR WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. SULLY TYLER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SPECIFCIALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIUALR PURPOSE, OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR SIDTE WILL MEET YOUR RQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR USE OF OR ACCESS TO THE SERVICES OR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.
SULLY TYLER TAKES REASONABLE MEASURES TO ENSURE THAT PERSONALLY IDENTIFIABLE INFORMATION OF YOURS IS NOT DISCLOSURED. TYLER SULLY CANNONT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION PROVIDED YOU WILL NOT BE MISSAPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS. YOU AGREE NOT TO HOLD SULLY TYLER LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISSAPROPRIATION, INTERCEPTION, DELETION, DESCTRUCTION OR USE OF INFOMRATION PROVIDED THROUGH TYLER SULLY.
THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART IN SOME JURISDICATIONS.
12. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILTY, OR OTHERWISE) SHALL SULLY TYLER OR ITS EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABILE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUNTIAL DAMAGES OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. OUR AGGREGATE TOTAL CUMULATIVE LIABILITY TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES) RESULTING FOR CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNTS ACUTALLY PAID BY YOU TO SULLY TYLER, IN CONNECTION WITH YOUR USE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, PRORATED FOR ANY PARTIAL PERIOD YOU USE THE SERVICES AND/OR FOR ACTUAL SERVICES USED BY THE PLAINTIFF OR DEFENDANT IN THE CLAIM, AS APPROPRIATE, AND NOT THEIR PARENT, AFFILIATES, OR SUBSIDIARIES. THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND TYLER SULLY.
THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART IN SOME JURISDICATIONS.
13. Entire Agreement.
This Agreement, together with all related exhibits and schedules, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.
14. Severability.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible
15. Modification and Waiver.
SULLY TYLER reserves the right to modify or amend these Terms from time-to-time at its discretion. Any such modifications shall take effect immediately upon posting to the website or App. If you do not agree with any changes to these Terms, you may terminate your account and stop using the Services. Your continued use of the Services, website, or App indicates that you have read, understand, and acceptance or consent to the current version of these Terms. No wavier of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
16. Governing Law.
All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the United States and the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).