The following Terms and Conditions of Use (the “Agreement”) constitutes an agreement between you and Kerry Nesbit, Incorporated, 312 Vintage Avenue, Winston-Salem, NC 27127 (the "Company"), owner and operator of www.kerrynesbit.com (the “Web Site”). By using the Web Site, you agree to be bound by and accept the terms of this Agreement.

Kerry Nesbit, Incorporated, may alter the terms of this Agreement from time to time without prior notice to you. No alteration of this Agreement by you will be binding upon the Company except as expressly agreed in writing and signed by an authorized agent of Kerry Nesbit, Incorporated.

Please read this Agreement carefully. This Agreement limits the Company’s liability and may substantively affect your rights.

1. Use of the Web Site

Age Restriction. You must be eighteen (18) years old or older to access this Web Site. If you are younger than eighteen years old, you may not access this web site for any reason. Because of the age restriction for use of this Web Site, no information obtained by this Web Site falls within the Child Online Privacy Act (COPA) and therefore the Web Site is not monitored as required by COPA.

Permitted Use of the Web Site. Use of and access to the Web Site is limited by the terms of this Agreement. You agree:

• Not to use any robot, spider, scraper or other automated means to access the Web Site for any purpose without the Company's express written permission.
• Not to take any action that imposes, or may impose in the Company’s sole discretion, an unreasonable or disproportionately large load on the Company’s servers or other infrastructure, or to interfere or attempt to interfere with the proper operation of the Web Site or any activities conducted on the Web Site.
• Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Web Site, including but not limited to “framing” Web Site content within another site, except for your own reasonable personal use, without the prior express written permission of the Company.
• To use the Web Site only for lawful purposes, and to comply with all applicable laws and regulations in connection with your use of the Web Site.

Use of User Accounts. Access to certain areas of the Web Site, and content and services contained therein, requires the creation of a User Account having a unique user name and password. Without limiting the foregoing, you may not share your username and/or password for your User Account with any third party except those within your immediate business organization or living within your household and under your direct control. You are responsible for all activities of persons using your User Account to access the Web Site, including but not limited to such person’s compliance with the terms of this Agreement.

Termination of Use. Kerry Nesbit, Incorporated, may at its sole discretion terminate or limit your use of the Web Site for any reason, including without limitation for any violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in the Company’s sole opinion adversely impacts the operation of the Web Site. Kerry Nesbit, Incorporated, may so terminate or limit your use of the Web Site without prior notice to you. If such termination or limitation is for reasonable cause, the Company will not be obligated to refund any fees paid by you.

2. Services

Services Generally. Kerry Nesbit, Incorporated, may provide services in connection with the Web Site. The Company will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless the Company for any damages arising out of your use of the Web Site, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Web Site.

3. Products and Related Information

The products offered for sale and the content presented on the Web Site are intended to provide information on the title subject. Products and information are not intended to substitute for a veterinarian, lawyer or other professional advisor. Kerry Nesbit, Incorporated, shall have no responsibility or liability with respect to any loss or damage caused, or alleged to be caused, by application of the information contained in the Web Site or the products offered for sale.

Use of Products. Use of the products offered for sale on the Web Site, including but not limited to use by non-qualified individuals, may be dangerous and may result in personal injury or other damage. Kerry Nesbit, Incorporated, its directors, officers, employees and agents shall not be liable for any damages or causes of action arising out of your use of the Company products and/or your reliance on the information provided on the Web Site.

4. Third Party and Other Content

Third Party Content. Kerry Nesbit, Incorporated, may provide content authored by third parties such as articles, interactive educational content, seminars, interviews, and audio and audio-visual content (“Third Party Content”). The views expressed in Third Party Content are those of the authors of such content and not necessarily of the Company. Kerry Nesbit, Incorporated, shall not be liable for the truth or accuracy of Third Party Content.

Other Site Content. Kerry Nesbit, Incorporated, may provide additional content which is not Third Party Content. The Company will make its best efforts to assure the accuracy of such content. You agree to release and hold harmless Kerry Nesbit, Incorporated, for any damages arising out of your use of or reliance on such content.

5. Offsite Links

The Web Site may contain links to World Wide Web content which is not a part of the Web Site. You agree and acknowledge that Kerry Nesbit, Incorporated, is not responsible for such content.

6. Submissions

You hereby grant to Kerry Nesbit, Incorporated, the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics or other information communicated to Kerry Nesbit, Incorporated, through the Web Site (together, known as the “Submission”), and to incorporate any Submission in other works in any form, media or technology now known or later developed.

Kerry Nesbit, Incorporated, will not be required to treat any Submission as confidential, and may use any Submission in its business (including for products, Web Site content or advertising, without limitation) without incurring any liability for royalties or any other consideration of any kind. Kerry Nesbit, Incorporated, will not incur any liability as a result of any similarities that may appear in future company operations.

Kerry Nesbit, Incorporated, will treat any personal information you submit through this site in accordance with its Privacy Policy as set forth on this site.

7. Intellectual Property

The Web Site contains intellectual property protected under applicable state and federal law. You agree not to violate any valid intellectual property rights in connection with your use of the Web Site.

“Kerry Nesbit, Incorporated” and domain names derived therefrom are trademarks of Kerry Nesbit, Incorporated. Web Site content and Web Site layout are copyright by Kerry Nesbit, Incorporated. The visual appearance of the Web Site is protected trade dress of Kerry Nesbit, Incorporated, under 15 U.S.C. § 1125 et seq.

8. Rights Of Intellectual Property Owners

Kerry Nesbit, Incorporated, respects the intellectual property rights of others, and operates the Web Site in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq.

Owners of intellectual property rights, including but not limited to rights in the nature of trademark, patent or copyright (“Rights Owners”), who believe Submissions, User-Provided Content or other content you proide infringe their intellectual property rights may request that Kerry Nesbit, Incorporated, remove User-Provided Content or other content you provide from the Web Site. Upon receiving a valid request from such an owner, Kerry Nesbit, Incorporated, will remove the allegedly infringing User-Provided Content or other content you provide and notify you in accordance with 17 U.S.C. § 512.

Upon receiving a notification pursuant to the preceding paragraph, you may counter-notify Kerry Nesbit, Incorporated.

9. Warranties

KERRY NESBIT, INCORPORATED, HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE WEBSITE.

10. Dispute Resolution

Any dispute arising out of use of the Web Site or this Agreement shall be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of North Carolina and agree not to bring any action against Kerry Nesbit, Incorporated, in any other jurisdiction. Nothing in this Agreement shall limit the rights of Kerry Nesbit, Incorporated, to initiate an action against you in any other jurisdiction where such jurisdiction may be properly exercised.