Website Terms of Use | The Johnson Group

Last updated February 2019

Welcome to The Johnson Group website (the “Website”), which is comprised of various web pages owned by The Johnson Group. These terms of service apply to and govern the Website, regardless of how you use or access it, including through mobile devices.

The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS, CONDITIONS AND NOTICES. If you do not agree with these terms, you may not use the Website.

MODIFICATION OF THESE TERMS OF USE

The Johnson Group reserves the right to change the terms, conditions, and notices under which the Website is offered. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

REPRESENTATIONS

You affirm, represent and warrant the following: (i) you are over the age of 18 (or if not, have the permission of an adult) and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have read, understood, agree with, and will abide by the terms and conditions of this agreement; (iii) The Johnson Group’s use of any information you have submitted as contemplated by this agreement will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; and (iv) your use of the Website will not violate any relevant laws or regulations.

LINKS TO THIRD PARTY SITES

The Website may contain links to other websites operated by third parties that may or may not be affiliated with The Johnson Group (“Linked Sites”). The Linked Sites are not under the control of The Johnson Group and The Johnson Group is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Johnson Group is not responsible for webcasting or any other form of transmission received from any Linked Site. The Johnson Group is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Johnson Group of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE; RESTRICTIONS ON USE

As a condition of your use of the Website, you warrant to The Johnson Group that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

In furtherance of the foregoing, and not in limitation thereof, you agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not (i) take any action that imposes, or may impose in our sole discretion, an unreasonably or disproportionately large loan on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to any portion of the Website or our computer systems. Any unauthorized use of our computer systems is a violation of this agreement. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to prevent or cure such violation.

USE OF COMMUNICATION FUNCTIONS

The Website may contain comment fields, bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities which enable you to communicate with the public at large or with a group (collectively, “Communication Functions”). If so, you agree to use the Communication Functions only to post, send and receive messages and material that are proper and related to the particular Communication Function. By way of example, and not as a limitation, you agree that when using a Communication Function, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Function specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Function that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Functions.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Function.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
The Johnson Group has no obligation to monitor the Communication Functions. However, The Johnson Group reserves the right to review materials posted to a Communication Function and to remove any materials in its sole discretion. The Johnson Group reserves the right to terminate your access to any or all of the Communication Functions at any time without notice for any reason whatsoever.

The Johnson Group reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Johnson Group’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or others in any Communication Function. The Johnson Group does not control or endorse the content, messages or information found in any Communication Function and, therefore, The Johnson Group specifically disclaims any liability with regard to the Communication Functions and any actions resulting from your participation in any Communication Function. Managers and hosts are not authorized The Johnson Group spokespersons, and their views do not necessarily reflect those of The Johnson Group.

Materials uploaded to a Communication Function may be subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO The Johnson Group OR POSTED AT THE WEBSITE

The Johnson Group does not claim ownership of the materials you provide to The Johnson Group (including feedback and suggestions) or post, upload, input or submit to the Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Johnson Group, its affiliated companies and necessary sublicensees a worldwide license and permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Johnson Group is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Johnson Group’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Understand that except where The Johnson Group specifically requests comments or submissions, we do not accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. This policy is designed to avoid misunderstandings if projects developed by our professional staff seem to others to be similar to their own creative work. Accordingly, The Johnson Group requests that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any unsolicited suggestions or materials, you agree not to assert any ownership right of any kind against The Johnson Group (including, but not limited to, copyright, trademark, unfair competition, moral rights, or implied contract). You release The Johnson Group (and our officers, directors, managers, agents, subsidiaries, affiliates, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.

PRIVACY AND SECURITY

Please read our Privacy Policy, which outlines how The Johnson Group collects information about you, how information will be shared and secured, and the rights you have with respect to your information. Our Privacy Policy is incorporated into and is a part of this agreement.

You are entirely responsible for the security and confidentiality of your own personal information and for all activities you conduct on or using the Website.

LIABILITY DISCLAIMER

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE INTERNET AND ACCESS TO OR TRANSMISSION OR COMMUNICATIONS WITH THE WEBSITE IS SOLELY AT YOUR OWN RISK.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Johnson Group MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM The Johnson Group OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

The Johnson Group MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. The Johnson Group HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Johnson Group, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The Johnson Group HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT The Johnson Group SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

TERMINATION/ACCESS RESTRICTION

The Johnson Group reserves the right, in its sole discretion, to terminate your access to the WebSite and the related services or any portion thereof at any time, without notice.

INDEMNIFICATION

You agree to defend, indemnify and hold The Johnson Group and each of our parent companies, subsidiaries and affiliates, successors and assigns (including, without limitation, the officers, directors, agents and employees of each of the foregoing) harmless form any and all costs, expenses and liabilities (including reasonable attorney’s fees) arising out of, related to, or in connection with (i) your use of the Website or your placement or transmission of any message or information on the Website by you or your authorized users; (ii) your violation of any of these terms and conditions (including, without limitation, your breach of any representations and warranties); (iii) your violation of any third-party rights (including, without limitation, any right of privacy, publicity or intellectual property rights); (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any claim or damages that arise as a result of any information or material you provide to The Johnson Group.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Spartanburg County, South Carolina, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Johnson Group as a result of this agreement or use of the Website. The Johnson Group’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Johnson Group’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by The Johnson Group with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Johnson Group with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Johnson Group with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Website are (including, without limitation, text, graphics photographs, images, moving images, sound, and illustrations) are owned by The Johnson Group, its licensors, agents or content providers. All elements of the Website, including, without limitation, the Website’s general design, The Johnson Group’s trademarks, service marks, trade names (including The Johnson Group name and logo) are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the Website, you are authorized to view, play, print and download the information and materials found on our Website for personal, informational and non-commercial use ONLY.

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the contents of the Website or The Johnson Group’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without our express prior written consent. The use of our trademarks on any other website is not allowed without our prior express written consent. The Johnson Group prohibits the use of its trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. The Website, its contents, and all related rights shall remain the exclusive property of The Johnson Group or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Website.

TRADEMARKS OF OTHERS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

ASSISTANCE AND FEEDBACK

If you have any questions or comments, please contact the appropriate party at one of the companies comprising The Johnson Group, as set forth on such company’s individual website.