Terms of use - Kimber Fox Morgan

Welcome to kimbermorganfox.com, the website provided by Chipper Fox, LLC (“Chipper Fox”). These Terms of Use govern your use of this website. PLEASE READ THESE TERMS OF USE BEFORE USING OR ACCESSING ANY PORTION OF THIS WEBSITE. These Terms of Use and our Privacy Policy, accessible here https://kimbermorganfox/privacy-policy/, cover all content and downloads and services that we own, operate, or offer through this website. Each time you access or use this website, you agree to be bound by our Terms of Use and Privacy Policy. If you do not agree to comply with our Terms of Use and Privacy Policy, then do not use this site. This content is made available to you only for your personal, non-commercial use.

If you are younger than 18 (or the age of majority in your state), please tell your parents or legal guardian that you are using this website, because they may be liable for your activities on the site.

Rules for your use of this site

If you use this site, you agree to abide by the following rules:

By submitting content to the site, you warrant that you have the right to submit that content. Any content you provide in using this site must be current and accurate. When you provide content, you will not impersonate any other individual or entity and will not violate the intellectual property or privacy or publicity rights of any other individual or entity.
You will review and comply with any notices we send you concerning this site and its operation.
You will not defame, disparage, bully, abuse, harass, threaten, intimidate, or impersonate any other individual in your use of this site.
You will not interfere with or circumvent any feature of the website related to security or access by others.
You will not use this site for any illegal purpose.
You will not use this site for any commercial or political purpose.
You agree that we may use any content you provide for any commercial or other purpose, without compensation to you or any other person or entity.

Ownership and use of intellectual property

This site and all content and materials on it – including without limitation all photographs, text, artwork, trademarks and logos, audio and visual effects, and audio and video clips – are owned by or licensed to Chipper Fox. You may not copy, upload, post, transmit, reproduce, distribute, modify, or publicly display the content and materials on this site or produce derivative works from them without our express prior written permission.

Trademarks: Chipper Fox^TM and other related trademarks and logos are proprietary trademarks of Chipper Fox. You may not use these trademarks and logos without Chipper Fox’s express prior written permission.

Copyrights: Chipper Fox owns all copyrights in the materials on this site. If you believe any content on this site (including content submitted by others) infringes your copyrights, you may ask us to remove this content by sending a notice to the agent we have designated pursuant to the Digital Millennium Copyright Act (Chipper Fox’s DMCA Agent). This notice must provide the following information:

A description of the copyrighted material you believe to be infringed, including a copy of the material or a description (such as a URL) of where the material may be found;
A description of the material on our site that you claim to be infringing;
Your contact information, including name, address, telephone number, and email address if available;
A statement attesting that you have a good-faith belief that use of the material on the site is not authorized by the copyright owner or its representative, or by the law;
A statement attesting that the information you are providing is accurate and attesting “under penalty of perjury,” that you own the copyrights to the material at issue or are designated to act on the copyright owner’s behalf; and
A physical or electronic signature of the copyright owner or the owner’s designated representative.

Chipper Fox’s DMCA Designated Agent is: Corby Anderson, Bradley Arant Boult Cummings LLP, 214 North Tryon St., Suite 3700, Charlotte, NC 28202; 704.338.6000, Canderson@bradley.com.

Failure to comply with the requirements set forth above may invalidate your notice pursuant to the DMCA.

If content you submitted is removed from the site pursuant to a DMCA notice and you believe that this content is not infringing, or that you were authorized to submit it by the law or by the copyright owner or the owner’s agent, then you may send a counter-notice to Chipper Fox’s DMCA Agent, identified above. This notice must provide the following information:

A description of the content removed and the location where it appeared before it was removed;
A statement attesting that you have a good-faith belief that the content was removed in error;
Your contact information, including name, address, telephone number, and email address if available;
A statement attesting that you consent to the jurisdiction of the federal court in the judicial district where you are located or, if you are located outside the United States, to the federal court in any judicial district where Chipper Fox is located;
A statement attesting that you will accept service of process from the person or entity that submitted the notice of infringement or from the agent of that person or entity;
Your physical or electronic signature.

Chipper Fox’s DMCA Agent may send a copy of any counter-notice to the individual or entity that submitted the original notice (the Complainant) informing the Complainant that Chipper Fox may restore the removed content within 10 business days. Unless Chipper Fox’s DMCA Agent receives notice from the Complainant that the party alleged to be the copyright owner has filed a lawsuit seeking to enjoin infringement arising from the content submitted to the site, Chipper Fox may restore the removed content within 10 to 14 business days after receiving the counter notice, at Chipper Fox’s sole discretion.

Privacy policy

Chipper Fox is committed to protecting your privacy when you visit or use this site. Our Privacy Policy, available here: https://kimberfoxmorgan.com/privacy-policy/, governs your provision of any information to Chipper Fox through this site. When you visit or use this site, you agree to review and follow our current Privacy Policy.

Other sites

This site may contain links to other sites owned and operated by other parties not related to Chipper Fox. We are not responsible for the content of any of these sites or for the security of your personal or other information when you visit these sites. Our provision of links to other sites is not an endorsement of the sites or their content. You may not “frame” or “mirror” any content on this site without our advance written consent.

Additional rules for digital services

From time to time, we may offer digital services that allow users to combine pictures, graphics, or other content provided by Chipper Fox with your own content and to send them or publish them through social media or other media. Such digital services may include, for example, e-cards, wish lists, tools for creating images, and apps for mobile phones.

Chipper Fox does not prescreen the content sent or received by these digital services. Every user of these services is solely personally responsible for all content that he or she contributes.

In addition to complying with all rules stated above for use of this site, when using digital services, you must ensure that messages, especially emails, SMS, MMS, and the like, are sent with the permission of the respective recipient. You may not use the digital services for any commercial purpose, such as advertising or marketing.

The digital services do not use any form of encryption, and thus, messages and content transmitted through these services may be viewed or intercepted by third parties.

We do not accept responsibility for any malfunctions or consequences of unlawful access to the digital services and their content or to other data or equipment.

We are entitled to change or suspend our provision of these digital services at any time, without any liability to you.

Disclaimers, limitations on liability

Although Chipper Fox strives to provide accurate information on this site, we assume no responsibility for the accuracy of the site’s content. All content is provided “as is,” and we make no warranty, express or implied, of fitness for a particular purpose, merchantability, or non-infringement. Likewise, we make no warranty that this site is or will be free of viruses, errors, or defects.

To the fullest extent allowed by law, we disclaim any liability for any damages of any kind arising from or related to your use of this site or your inability to use this site, including without limitation any indirect, incidental, special, consequential, or punitive damages, or any loss of data, opportunities, reputation, profits, or revenues. This disclaimer includes without limitation any liability for any damages of any kind caused by downloading, saving, installing, or opening any services or products accessible through this site. Your use of this site is at your own risk to the fullest extent permitted by law.

We have the right to change, discontinue, or limit access to any feature of this site at any time, without any liability to you. If you fail to abide by these Terms of Use, we have the right to block any further use by you of this site.

Indemnification

You agree to indemnify, defend, and hold harmless Chipper Fox and its employees, attorneys, assigns, successors-in-interest, vendors, suppliers, licensors, and licensees against any claims, damages, costs (including reasonable attorney fees), and other expenses arising from your breach of any of these terms, from your acts or omissions related to this site, or from any allegation that content you submitted to this site infringes or otherwise violates the rights of any party, including without limitation copyrights, trademarks, trade secrets, rights of publicity, or rights of privacy.

Resolution of disputes

The laws of the United States and the State of North Carolina shall govern all claims arising from or related to this site and your use of it. In the event of any controversy or claim arising from or related to this site and your use of it, you and we agree to notify each other in writing of the controversy or claim and make a reasonable attempt to resolve the controversy or claim before pursuing any form of legal action. Except as otherwise provided in these Terms of Use, any dispute arising from or related to this site and your use of it will be heard exclusively in the state or federal courts located in Mecklenburg County, North Carolina. By using this site, you consent to the exclusive personal jurisdiction and venue of these courts for the resolution of such disputes. You also hereby agree that such disputes will be resolved only on an individual basis, not on a collective basis; thus, you hereby waive any right to pursue any claims arising from or related to this site and your use of it as a class action.

If any provision of these Terms of Use is found to be unenforceable under applicable law, you agree that the unenforceable provision will be superseded by an enforceable one, and the remainder of the terms will continue in full force and effect.

Changes

These Terms of Use were last updated on October 16, 2018. We may update or otherwise change these Terms of Use further from time to time by posting the updated version here. You are responsible for reviewing any updated version of the Terms of Use. By using this site, you signify that you have reviewed the current version of the Terms of Use and agree to abide by these terms.

Contact us

If you have questions or want additional information, please contact Chipper Fox via email at: kimber@kimberfoxmorgan.com or by U.S. mail at Website Questions, Chipper Fox, LLC, c/o Morgan Capital Management, 13024 Ballantyne Corporate Place, Unit 500, Charlotte NC 28277.