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Who we are

We are HGW and Associates, LLC ("Company", "we", "us", and "our") a company located in Knoxville, TN. This Terms of Use document describes how and why we might collect, store, use and/or share ("process") your information when you use our websites and/or mobile application ("Services").

This Acceptable Use Policy ("Policy") is part of our Terms of Use ("Legal Terms"") and should therefore be read alongside our main Legal Terms. If you do not agree with these Legal Terms, please refrain from using our Services. Your continued use of our Services implies acceptance of these Legal Terms.

Please carefully review this Policy which applies to any and all

1. Uses of our Services (as defined in "Legal Terms")
2. Forms, materials, consent tools, comments, posts, and all other content available on the Services ("Content")

USE OF THE SERVICES

When you use the Services, you warrant that you comply with this Policy and all applicable laws.

YOU ALSO ACKNOWLEDGE YOU MAY NOT:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or director without written permission from us.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts be automated means or under false pretenses.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/org the Content contained therein.
• Engage in unauthorized framing of or linking to the Services.
• Trick, defraud, or mislead us and other users, especially in an attempt to learn sensitive account information such as user passwords.
• Make improper use of our Services, including our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the Services, such as using scripts to send comments or messages, or any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.
• Attempt to impersonate another user or person or use the username of another user.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as expressly permitted by applicable law.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Harass, annoy, or threaten any of our employees or agents engaged in providing a portion of the Services to you.
• Delete the copyright or other proprietary right notice from any Content.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting or repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our reasonable opinion, us and/or the Services.
• Use the Services in a manner inconsistent with any applicable laws or regulations.

CONSEQUENCES OF BREACHING THIS POLICY

The consequences of violating our Policy will vary depending on the severity of the breach and the user’s history on the Services, by way of example:

• We may, in some cases, give you a warning, however, if your breach is serious or if you continue to breach our Legal Terms and this policy, we have the right to suspend or terminate your access and user of our Services and, if applicable, disable your account. We may also notify law enforcement or commence legal proceedings against you when we believe that there is a genuine risk to an individual, a threat to public safety or other violation of law.
• We exclude our liability for all action we may take in response to any of your breaches of this Policy.

User Content

We do not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is HGW and Associates, LLC liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

You are solely responsible for your use of the site including anything uploaded or created while using ESAMS.

Disclaimer

The information provided by us on any of our Services is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site or mobile application.

UNDER NO CIRCUMSTANCES SHALL WE HAVE ANY LABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFOMRATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFOMRATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

External Links Disclaimer

The Site and our mobile application may contain (or you may be sent through the Site to our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Professional Disclaimer

The Site cannot and does not contain legal advice. The legal information provided is for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based on such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal advice.

THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE OF OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

Under no circumstances will the Company be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the site, your site use, or the content, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site and/or content is to cease all of your site use.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Applicable Law and Jurisdiction

This Agreement or any dispute arising from this Agreement is governed by the laws of Tennessee, without regard to provisions of conflicts of law. Any lawsuit arising from or related to these terms and conditions shall be brought exclusively before the United States District Court for the Eastern District of Tennessee or the Circuit Court for Knox County, Tennessee and you hereby consent to the jurisdiction of such court.

Severability

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Waiver

The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.

Termination

HGW and Associates, LLC may terminate this Agreement at any time, with or without notice, for any reason.

Relationship of the Parties

Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Entire Agreement

These Terms of Use constitutes the entire agreement between you and HGW and Associates, LLC with regard to its website and it governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with regard to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. HGW and Associates, LLC may revise these Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

Last revised 04/23/2024

Who we are

We are HGW and Associates, LLC ("Company", "we", "us", and "our") a company located in Knoxville, TN. This Terms of Use document describes how and why we might collect, store, use and/or share ("process") your information when you use our websites and/or mobile application ("Services").

This Acceptable Use Policy ("Policy") is part of our Terms of Use ("Legal Terms") and should therefore be read alongside our main Legal Terms. If you do not agree with these Legal Terms, please refrain from using our Services. Your continued use of our Services implies acceptance of these Legal Terms.

Please carefully review this Policy which applies to any and all:

1. Uses of our Services (as defined in "Legal Terms")
2. Forms, materials, consent tools, comments, posts, and all other content available on the Services ("Content")

We will not obtain personally identifying information about you when you visit our site unless you choose to provide such information to us. If you choose to send email to the site webmaster or submit an online feedback form, any contact information that you provide will be solely used to respond to your request and not stored or shared with any third parties.

Data Rights Policy

How long do we keep your data?

We keep your information for as long as necessary based on contractual obligations.

How do we keep your data safe?

We encrypt data while it’s in transit and at-rest.

How do we process your information?

We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.

Data automatically collected

Like many businesses, we also collect information through cookies and similar technologies. We automatically collect certain information when you visit, use, or navigate our services. This information does not reveal your specific identity (like your name and contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

We may need to share or transfer your information in the case of Business-related Transfers and/or Changes (merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company).

Data rights

Depending on your geographical location, the applicable privacy law may mean you have certain rights regarding your personal information. To exercise this right, contact us to start the process either by phone (1+ 865-288-7898) or email (ESAMS_Mail@hgwllc.com).

Last revised 04/03/2024