Last modified: 11.12.18
Acceptance of the Terms of Use and Changes to the Terms of Use
The following Terms of Use govern the access to and use of the website at www.twentyandoak.com, including any information, content, or functionality on any products or services offered on or through the website of Twenty & Oak (“Company” or “We”) by anyone who accesses or uses the Website (“You”), including any entity or organization represented by you. By accessing or using the Website, you acknowledge that you have read and understand the Terms of Use and our Privacy Policy and accept and agree to be bound by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Website.
This Website is offered and available solely if you, and by using this Website, you represent, warrant, and covenant that you (and any entity or organization represented by you): (a) are of legal age and are under no impairment or infirmity which would render you incompetent to form a binding contract; (b) have full and complete authority to enter into and consummate the Terms of Use and access and use the Website without breaching any agreement made with any other person or entity, violating any rights of any other person or entity, or violating any laws of the United States or other applicable jurisdiction; and (c) will only use the Website in a lawful manner and not in violation of these Terms of Use.
We may change these Terms of Use from time to time in our sole discretion. All changes are effective immediately once posted, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of the changed Terms of Use means that you accept and agree to the changes. You are expected to check these Terms of Use when you access this Website so you are aware of any changes, as they are binding on you. However, any changes to the dispute resolution provisions set forth herein will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. The date the Terms of Use was last revised is identified at the top of the page.
Website Information, Access, and Changes
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by or about third parties or facilitate communications and/or transactions with third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company (excluding content about third parties), are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by or about any third parties, communications with third parties, or any transactions, attempted transactions, or result of any transactions or attempted transactions between you and any third party.
We reserve the right to restrict access to, modify, or discontinue this Website, and information, content, or functionality on and any products or services provided on the Website, in our sole discretion at any time, for any or no reason, and without notice or liability. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of or the entire Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify the Company immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by the Company, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights in Website
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to access and use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows, in accordance with these Terms of Use:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• You may take actions enabled by any social media features provided on or through the Website.
You must not:
• Modify copies of any materials from the Website.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text without our express written consent.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
• Access or use for any commercial purposes any part of the Website or any information, content, products, or services available through the Website without our express written consent.
If you print, copy, modify, download or otherwise access or use or provide any other person with access to or use of any part of the Website in breach of the Terms of Use, your right to access and use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any access or use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademark Rights
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries) or these Terms of Use.
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's access to or use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Engage in any data harvesting, data extraction, or similar activity of the Website.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
• Facilitate or encourage any violations of these Terms of Use.
Monitoring and Enforcement; Termination
We have the right to:
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Take any other lawful action, including to terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, for any violation of these Terms of Use or to prevent unauthorized access to or use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone accessing or using the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, AND SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, such as third party advertising or hacking, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services or features of the Website, including purchases or sales through the Website or other transactions formed through or involving the use of the Website or as a result of visits made by you. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to our homepage or other public webpages of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You agree to cooperate with the Company in causing any unauthorized framing or linking immediately to cease. We encourage you to contact the Company for suggestions as to which web pages of the Website may best serve as links. We reserve the right to withdraw linking permission and may disable any links in our sole discretion at any time, for any or no reason, and without notice or liability.
This Website may provide certain social media features. We may disable all or any social media features in our sole discretion at any time, for any or no reason, and without notice or liability. These social media features may enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided on the Website solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to any such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage or other public webpages of the Website.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, ITS INFORMATION OR CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS INFORMATION OR CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS INFORMATION OR CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE WEBSITE, ITS INFORMATION OR CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE OR RESULTS FROM USE OF THE FOREGOING, INCLUDING THE FUNCTIONALITY, COMPLETENESS, SECURITY, RELIABILITY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ITS INFORMATION OR CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR RESULTS FROM USE OF THE FOREGOING WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, ITS INFORMATION OR CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, REASONABLE CARE, DURABILITY, ACCURACY OR QUALITY OF INFORMATIONAL CONTENT OR OTHERWISE, QUIET ENJOYMENT, TITLE, NONINFRINGEMENT, VALIDITY, EXCLUSIVITY, CONDITION, SECURITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, SUSTAINABILITY, ARISING FROM A COURSE OF DEALING, A COURSE OF PERFORMANCE, OR USAGE OF TRADE, OR UNDER ANY ENACTMENT OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, AND ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THESE TERMS OF USE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT ANY SUCH WARRANTY MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY IS HEREBY LIMITED TO THE MINIMUM DURATION AND EXTENT ALLOWED UNDER APPLICABLE LAW.
Release of and Limitation on Liability
YOU HEREBY RELEASE (AND SPECIFICALLY WAIVE AND RELINQUISH ALL RIGHTS UNDER ANY LAW LIMITING GENERAL RELEASES), WAIVE, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, AND SUCCESSORS AND ASSIGNS FROM ALL LIABILITY, LOSSES, COSTS, EXPENSES, JUDGMENTS, AWARDS, AND DAMAGES (INCLUDING ALL REASONABLE ATTORNEYS’ FEES, COSTS, AND EXPENSES, INCLUDING COURT OR ARBITRAL COSTS) AND ANY CLAIM, ACTION, SUIT, OR PROCEEDING (INCLUDING ASSERTION OF THE FOREGOING OR SETTLEMENT THEREOF) EITHER ACTUALLY OR ALLEGEDLY ARISING FROM OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY INFORMATION, CONTENT, ERRORS, OR OMISSIONS ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER OR OTHER DEVICE, INCLUDING FROM VIRUSES OR VIRUSES OR OTHER DESTRUCTIVE CODE.
THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY, AND REGARDLESS OF CAUSE OR THEORY OF RECOVERY, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF LIABILITY OR DAMAGES, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, AND SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY INFORMATION OR CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF INFORMATION OR DATA, OR OTHER LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE WEBSITE, AND ANY SUCH LIABILITY OR DAMAGES COLLECTIVELY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY ONE (1) YEAR BEFORE THE CLAIM OR CAUSE OF ACTION FOR SUCH LIABILITY OR DAMAGES ACCRUES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT ANY SUCH LIABILITY MAY NOT BE DISCLAIMED, ANY SUCH LIABILITY IS HEREBY LIMITED TO THE MINIMUM AMOUNT ALLOWED UNDER APPLICABLE LAW.
Indemnification
YOU AGREE TO, AT YOUR COST AND SOLE EXPENSE, DEFEND, INDEMNIFY, AND HOLD FREE AND HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, AND SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL LIABILITY, LOSSES, COSTS, EXPENSES, JUDGMENTS, AWARDS, AND DAMAGES (INCLUDING ALL REASONABLE ATTORNEYS’ FEES, COSTS, AND EXPENSES, INCLUDING COURT OR ARBITRAL COSTS) AND ANY CLAIM, ACTION, SUIT, OR PROCEEDING (INCLUDING ASSERTION OF THE FOREGOING OR SETTLEMENT THEREOF) EITHER ACTUALLY OR ALLEGEDLY ARISING FROM (A) YOUR FAILURE TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS, INCLUDING VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY BY YOU OR ANYONE USING YOUR ACCOUNT, (B) YOUR VIOLATION OF THE TERMS OF USE, (C) BODILY INJURY (INCLUDING DEATH) OR DAMAGE TO PROPERTY ARISING FROM THE NEGLIGENT, FRAUDULENT, OR INTENTIONAL ACTS OR OMISSIONS OF YOU, OR (D) YOUR ACCESS OR USE OF THE WEBSITE, ITS INFORMATION OR CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE. YOU MAY NOT SETTLE ANY CLAIMS GIVING RISE TO AN INDEMNIFICATION OBLIGATION HEREUNDER WHERE SUCH SETTLEMENT IMPOSES A MONETARY OBLIGATION THAT IS NOT COVERED BY THE INDEMNIFICATION, IMPOSES ANY MATERIAL, NON-MONETARY OBLIGATION, OR THAT ADMITS ANY LIABILITY ON THE PART OF THE COMPANY AND WHICH DOES NOT INCLUDE AN UNCONDITIONAL RELEASE OF THE COMPANY WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY THE COMPANY AND YOU AGREE TO COOPERATE WITH THE COMPANY’S DEFENSE OF THESE CLAIMS.
Governing Law, Jurisdiction, and Geographic Restrictions
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be solely governed by and construed in accordance with the internal laws of the State of South Carolina and the United States without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction).
Any claim, action, suit, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina, in each case located in the City of Charleston and County of Charleston, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
The owner of the Website is based in the state of South Carolina in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and at your own risk and are responsible for compliance with local laws. The Company makes no claims that the Website or content on the Website is appropriate or may be downloaded outside of the United States. You consent to having your personal data transferred to and processed in the United States or internationally. You agree that your access and use of the Website occurs solely within the State of South Carolina, United States, regardless where your computer, browser, or device is physically located, and that the Website is located in, served from, and performed wholly within the State of South Carolina, United States. These Terms of Use are written in English, and the English version of these Terms of Use is the official version which applies for any interpretation of the Terms of Use.
Limitation on Time to File Claims
ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Relationship of Parties and Assignment
Nothing in the Terms of Use will create or imply an employment or agency relationship between you and the Company, nor will the Terms of Use be deemed to constitute a joint venture or partnership between you and the Company. You do not have any authority of any kind to bind the Company in any respect whatsoever. These Terms of Use are solely between you and the Company and shall not inure to the benefit of others.
You may not assign or transfer the Terms of Use or duties or obligations hereunder, in whole or in part, without the prior written consent of the Company. The Company may freely assign or transfer the Terms of Use or its duties and rights hereunder, and all terms and conditions of these Terms of Use will inure to the benefit of and be enforceable by such successors, assigns, subsidiaries, purchasers, or transferees.
Headings
The headings for the sections herein are inserted for convenience of reference and are not intended to be a part of or to affect the meaning or interpretation of the Terms of Use.
Entire Agreement
The Terms of Use (together with any other documentation incorporated by reference herein) constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all written and oral prior and contemporaneous understandings, agreements, representations and warranties, or other communications with respect to the Website. You acknowledge that you have not been induced to enter into these Terms of Use by any representations or promises not specifically stated herein. Neither you nor the Company shall be considered the drafter of these Terms of Use, or any provisions of these Terms of Use, for the purpose of any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafter. You also may be subject to additional terms and conditions that may apply when you access, use, or purchase certain other products or services. You agree that the Terms of Use constitutes a set form in writing, whether or not you choose to print the Terms of Use, including the terms and conditions as described herein.
Communications
All comments, questions, feedback, information requests regarding privacy, trademark infringement concerns, or other communications relating to the Website or these Terms of Use should be directed to legal@twentyandoak.com.
If you believe that anything on the Website violates your copyright, please send us a notice of copyright infringement pursuant to 17 U.S.C. 512(c) to the contact information below. It is the policy of the Company to terminate the user accounts of repeat infringers.
Twenty & Oak
Legal@twentyandoak.com