Terms of Use

Welcome to the RhodesDahl LLC Website (www.rhodesdahl.com, "RhodesDahl" or the "Site"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE RhodesDahl SITE. USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.

1. Agreement to Terms. By using this Site, you signify that you agree to these Terms of Use. In addition, when using this Site, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time (the "Guidelines"), including without limitation our Privacy Policy. All such Guidelines are hereby incorporated by reference into the Terms of Use. If you do not agree to the Terms of Use or any of the Guidelines, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use or the Guidelines at any time. Please check these Terms of Use and the Guidelines periodically for changes. Your continued use of the Site after the posting of changes will mean you agree to abide by those changes. Please note that additional and/or different terms of use may apply to services provided through one or more business associates of RhodesDahl, and you should refer to those before using such services.

2. Ownership. This Site is owned and operated by RhodesDahl. The contents of this Site are protected by United States copyright and trademark law, international conventions and other applicable laws. All materials contained in the Site are the copyrighted property of RhodesDahl. or its subsidiaries or affiliated companies and/or third-party. All trademarks, service marks, and trade names are proprietary to RhodesDahl or its affiliates and/or third-party licensors. Any use of any of the materials on this Site other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, data or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other Website or networked computer environment, without a prior written consent from RhodesDahl, is expressly prohibited. The creation of derivative works based on the materials contained herein including, but not limited to, products and services, (whether sold, bartered or given away) is expressly prohibited. Modification of the materials or use of the materials for any other purpose is a violation of RhodesDahl's copyright and other proprietary rights. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair any Site or interfere with any other party's use and/or access of any Site. You may not attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

3. Forums and Blogs a. You are welcome to post, transmit or submit messages (collectively "Messages") to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively "Forums"). RhodesDahl accepts no responsibility whatsoever in connection with or arising from such Messages. RhodesDahl does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by RhodesDahl prior to posting and do not necessarily reflect the opinions or policies of RhodesDahl. RhodesDahl makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, RhodesDahl reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time. b. RhodesDahl assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time RhodesDahl chooses, in its sole discretion, to monitor the Forums, RhodesDahl nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that RhodesDahl accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person. c. Children under the age of 13 are not authorized to post messages or participate in Forums on this Site. d. You agree that any Message whatsoever submitted by you becomes the property of RhodesDahl and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as RhodesDahl sees fit.

4. Links. This Site may include links to other Internet sites solely as a convenience to users. RhodesDahl does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, RhodesDahl makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user's own risk.

5. Communications. You agree that your activities on the Site (including without limitation submission of any Messages to Forums) will not: a. infringe RhodesDahl’s or any third party's copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy (and by submitting Messages to Forums, you represent to RhodesDahl that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner); b. constitute (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for RhodesDahl or cause RhodesDahl to lose (in whole or in part) the services of our ISPs or other suppliers; c. transmit content RhodesDahl considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable; d. impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading; e. unless specifically authorized by us, are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations, including "spam" or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth in this Section 7; f. contain any virus or other harmful component or otherwise disrupt the normal flow of communication in or operation of the Forums in any way; or g. are libelous, or an invasion of privacy or publicity rights or any other third party rights.

6. Disclaimer of Warranties. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RHODESDAHL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RHODESDAHL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RHODESDAHL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT RHODESDAHL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RHODESDAHL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR ANY OTHER INTERACTIONS WITH RHODESDAHL, EVEN IF RHODESDAHL OR A RHODESDAHL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RHODESDAHL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM) OR ONE DOLLAR, WHICHEVER IS GREATER.

8. Termination. You agree that RhodesDahl, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of the Site and remove and discard all or any part of your account, for any reason whatsoever in RhodesDahl’s sole discretion. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that RhodesDahl shall not be liable to you or any third-party for any such termination.

9. Miscellaneous. The failure of RhodesDahl to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or the Web Site shall be filed only in the state or federal courts in and for Charleston, South Carolina and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use and related Guidelines may not be transferred or assigned by you but may be assigned by RhodesDahl without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms of Use or Guidelines made by RhodesDahl as set forth in Section 1 above. We may give notice to our users by means of a general notice on the Site, electronic mail to a user's e-mail address on our records, or by written communication sent by first-class mail to a user's address on our records.