PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 04/26/2019.
The following Terms and Conditions Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Spivey Consulting Group, LLC, also known as My Rank, located at 500 Elmington Ave, #320, Nashville, Tennessee 37205 and our subsidiaries and affiliates, in association with the use of the My Rank website, which includes http://www.myrankbyspivey.com, (the “Site”) and its Services, which shall be defined below.
The Site is an informational website. The purpose of My Rank is to provide information to users about law schools. Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.” The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Spivey Consulting Group, LLC. At its discretion, Spivey Consulting Group, LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Spivey Consulting Group, LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Spivey Consulting Group, LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith. Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Spivey Consulting Group, LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving My Rank’s Services under the laws and statutes of the United States or other applicable jurisdiction. When you register, My Rank may collect information such as your name and e-mail address. You can edit your account information at any time. Once you register with My Rank and sign in to our Services, you are no longer anonymous to us. Furthermore, the registering party hereby acknowledges, understands and agrees to: a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Spivey Consulting Group, LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Spivey Consulting Group, LLC Services, or any portion thereof.
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Spivey Consulting Group, LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Spivey Consulting Group, LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by My Rank. Furthermore, you herein agree not to make use of Spivey Consulting Group, LLC's Services for the purpose of: a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; b) causing harm to minors in any manner whatsoever; c) impersonating any individual or entity, including, but not limited to, any My Rank officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with; e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose; h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions; j) interfering with or disrupting any Spivey Consulting Group, LLC Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act; m) "stalking" or with the intent to otherwise harass another individual; and/or n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. Spivey Consulting Group, LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for: a) compliance with any legal process; b) enforcement of the TOS; c) responding to any claim that therein contained content is in violation of the rights of any third party; d) responding to requests for customer service; or e) protecting the rights, property or the personal safety of Spivey Consulting Group, LLC, its visitors, users and members, including the general public. Spivey Consulting Group, LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Spivey Consulting Group, LLC or any other content providers supplying content services to Spivey Consulting Group, LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you: a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country; c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to My Rank's sites.
Spivey Consulting Group, LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of http://www.myrankbyspivey.com, you may cancel or terminate your account, associated email address and/or access to our Services through your account preferences page. As a member, you agree that Spivey Consulting Group, LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline; b) by way of requests from law enforcement or any other governmental agencies; c) the discontinuance, alteration and/or material modification to our Services, or any part thereof; d) unexpected technical or security issues and/or problems; e) any extended periods of inactivity; and/or f) any engagement by you in any fraudulent or illegal activities. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with http://www.myrankbyspivey.com shall include any and/or all of the following: a) the removal of any access to all or part of the Services offered within http://www.myrankbyspivey.com; b) the deletion of your password and any and all related information; and c) the barring of any further use of all or part of our Services.
You do hereby acknowledge and agree that Spivey Consulting Group, LLC's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Spivey Consulting Group, LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Spivey Consulting Group, LLC Services (e.g. Content or Software), in whole or part. Spivey Consulting Group, LLC herein has granted you personal, non-transferable and nonexclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Spivey Consulting Group, LLC for use in accessing our Services.
You herein expressly acknowledge and agree that: a) the use of spivey consulting group, LLC services and software are at the sole risk by you. Our services and software shall be provided on an "As is" and/or "As available" basis. Spivey consulting group, LLC and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. B) spivey consulting group, LLC and our subsidiaries, officers, employees, agents, partners and licensors make no such warranties that (I) spivey consulting group, LLC services or software will meet your requirements; (ii) spivey consulting group, LLC services or software shall be uninterrupted, timely, secure or error-free; (iii) that such results which may be obtained from the use of the spivey consulting group, LLC services or software will be accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our services or software will meet your expectations; and (v) that any such errors contained in the software shall be corrected. C) any information or material downloaded or otherwise obtained by way of spivey consulting group, LLC services or software shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material. D) no advice and/or information, despite whether written or oral, that may be obtained by you from spivey consulting group, LLC or by way of or from our services or software shall create any warranty not expressly stated in the tos. E) a small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. Limitation of liability you explicitly acknowledge, understand and agree that spivey consulting group, LLC and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from: a) the use or inability to use our service; b) the cost of procuring substitute goods and services; c) unauthorized access to or the alteration of your transmissions and/or data; d) statements or conduct of any such third party on our service; e) and any other matter which may be related to our service.
In the event you have a dispute, you agree to release Spivey Consulting Group, LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not apply to you.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Spivey Consulting Group, LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Spivey Consulting Group, LLC trademarks, copyright, trade name, service marks, and other Spivey Consulting Group, LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Spivey Consulting Group, LLC. You herein agree not to display and/or use in any manner the Spivey Consulting Group, LLC logo or marks without obtaining Spivey Consulting Group, LLC's prior written consent.
With regards to appropriate circumstances and at its sole discretion, Spivey Consulting Group, LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) Your physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
It is at the mutual agreement of both you and Spivey Consulting Group, LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Tennessee without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Spivey Consulting Group, LLC, shall be filed within the courts having jurisdiction within the County o f Nashville, Tennessee or the U.S. District Court located in said state. You and Spivey Consulting Group, LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
At any time, should Spivey Consulting Group, LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within one year after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Spivey Consulting Group, LLC as follows: