Adams Keegan, Inc. ("Adams Keegan," "we," or "us") has adopted this Privacy Policy ("Policy") to inform you of how we collect, use, and disclose personal information made available to us. By using a website owned or operated by Adams Keegan (the "Site") or otherwise using our services, you agree to be bound by this Policy and the practices it describes.

This Policy applies to our collection, use and sharing of your personal information when you visit our Sites or when we provide you our services. This Policy does not apply to any other information or websites not owned or operated by Adams Keegan. Please review this Policy periodically as we may update it from time to time. Each time you visit the Site, or provide us with information, you are, by doing so, accepting the practices described in this Policy at that time.

Personal Information We Collect About You

This section of our Policy describes the categories of personal information we collect about you and the different ways in which we collect your personal information.

Personal Information that You Provide: You may visit and browse our Site without providing any personal information. When we ask for your personal information it is so we can register you for an account, process your orders, perform a service for you, and communicate with you about our products and services. For example, you will need to provide us with your personal information to create an account or make a purchase on our Site or for us to generate and electronically file wage and information forms for you. This information may include your name, contact information, payment information, birthdate, social security number, employment information, and financial and tax information.

Information We Get From Others: We may obtain additional information about you from third party sources, such as service providers, vendors, clients, and advertising agencies to provide you with more relevant information about our services. This information may include your contact information or cookie information. If your employer is using our services, they may provide your personal information to us necessary to complete governmental agency wage, income, and information reporting form filing.

Information Automatically Collected: Like many other websites, and regardless of whether you have registered for an account with us, we, or third party data analytics companies acting on our behalf, may record personal information that your browser routinely shares about you and how you use the Site, and we may automatically track certain information based upon your behavior on the Site. This information may include the URL that you have just come from (whether this URL is on our Site or not), the URL you go to next (whether this URL is on our Site or not), your computer's browser information, mouse clicks, mouse movements, scrolling activity, text that is typed and your IP address. We will not attempt to associate this data with any personally identifiable data unless required to do so to cooperate with law enforcement activity or other governmental request or to otherwise comply with law.

How We Use Your Personal Information

This section of our Policy describes the different purposes for which we may use the personal information we collect about you.

We will generally use the personal information that we collect to help us operate the Site, to provide requested products and perform requested services, to help us understand our users and their preferences, and to market products and services to our Site's users that may be of interest to them. The following provides a more specific discussion of our uses and disclosures of the information that we collect. We will seek your consent before we use your personal information for any other purposes.

To Provide Requested Products and Services: We may use the personal information collected through the Site to provide services and support that you request or register to receive. We will also use the personal information collected through the Site to open, maintain, administer and service your account.

To Communicate with You about Products or Services that You may be Interested in: We may use the personal information collected through the Site to provide you information about our products or services that you request to receive and that we believe you may be interested in. You will always be given the opportunity to unsubscribe or opt out of receiving further marketing emails by following the unsubscribe instructions in the email.

Statistical Analyses of the Information: We may use analytics providers, such as Google Analytics and Adobe Analytics, to help us gather statistical information about the visitors to our Site and how they use the Site on an anonymous, aggregate basis but will not associate this data with personally identifiable data unless required to do so to cooperate with law enforcement activity or other governmental request or to comply with law. We may use this information to gain a better understanding of the users of our Site, to improve our Site, and to improve our services and product offerings. Depending on the type of browser and device that you use, you may have the ability to control the type of information that an analytics provider gathers and uses. To understand how Google Analytics collects and processes data, please visit www.google.com/policies/privacy/partners/. To understand how Adobe Analytics collects and processes data, please visit http://www.adobe.com/privacy/analytics.html. We reserve the right to license or sell aggregate information about the visitors to our Site, but this information will not be individually identifiable.

Business Operations, Law Enforcement and Legal Actions: We may release your information without prior notice when we believe it is appropriate to prevent fraud; to comply with law or to cooperate with law enforcement activity or other governmental request; to respond to subpoenas, court orders or administrative agency requests for information; to enforce our policies; to protect the rights, property and safety of our business and of others; or when required or otherwise permitted by law. For example, we may share information with law enforcement to reduce the risk of fraud or if someone uses or attempts to use our Site for illegal reasons. If there is a sale or merger of the company, division or business unit that operates this Site, we may also transfer the information we have collected in connection with such sale or merger.

Customized Experience: We may use the information that we have about you to provide and personalize some of the Site's features or services (including ads), including with the help of automated systems and inferences we make, so that the Site can be more relevant and useful to you and others.

How We Share Your Personal Information

This section of our Policy describes the categories of personal information we share with third parties and the types of third parties with whom we share that information. We do not share your personal information with third parties without your consent, except as described in this Policy. Specifically, we share the personal information described below with the following categories of third parties:

Service Providers and Business Partners: We may use third party service providers and business partners such as our print vendors, internet service providers, payment processors, email marketing providers, and marketing intelligence service providers, to help us design and operate the Site or to provide other services to you, and we will provide them with your personal information as necessary for the services. We may also share your contact information with our business partners who offer a service to you jointly with us. Unless otherwise indicated at the time we collect your information, if we allow third parties to access the personal information we collect, we will have contractual provisions or other appropriate protections in place to ensure such access is for limited purposes and in compliance with this Policy.

To Electronically File Forms: If you request that we electronically file a wage, income, or information reporting form with a governmental agency on your behalf, we will share with the relevant governmental agency all of your personal information that you include on the relevant form. This will only be done at your request. Once the form has been filed with the governmental agency, Adams Keegan no longer has any control over the form or the purposes for which the governmental agency may use it.

Security, Compliance, Fraud Prevention, Safety; Compliance with Law: We may disclose some or all of your personal information as we believe appropriate to government or law enforcement officials or private parties for the purposes described above under the following subsection: Business Operations, Law Enforcement and Legal Actions.

Business Transfers: We may sell, transfer or otherwise share some or all of our business or assets, including all of your personal information, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy.

Cookie Policy

This section describes how Adams Keegan and its business partners may collect and store information about you and your use of the Site through cookies and other tracking technologies. Cookies are small data files that are placed on your computer or mobile device when you visit a website.

First Party Cookies and Other Tracking Technology: Cookies we place on this Site are called "first party cookies." We use several different kinds of cookies on our Site, including strictly necessary cookies, which are cookies that are necessary for the Site to function and cannot be switched off in our systems; performance cookies, which allow us to count visits and traffic sources so we can measure and improve the performance of our Site; and functional cookies, which enable the Site to provide enhanced functionality and personalization.

Cookies are not the only way to track visitors to a website. We may use similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs"). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Site. These technologies often depend on cookies to function properly, and so disabling cookies may impair their functioning.

If you sign up to receive our e-mails, we will also use cookies in conjunction with these emails. When your browser downloads any graphic content in the e-mail, we will also place a cookie on your computer that will tell us if you come to our website at a later date.

Third-Party Cookies: In addition to our own cookies, we collaborate with various third-party service providers who place cookies on our Site. These "third-party cookies" enable third party features or functionality, such as advertising or website analytics, to be provided on or through the Site. The parties that set these third party cookies can recognize your computer or device both when it visits the website in question and also when it visits certain other websites and/or mobile apps. For example, we may use Google Analytics, Adobe Analytics or the like to provide us with demographic information about our visitors and to help us analyze how people use our website. To learn more about how these providers use cookies, please click the links above or visit their respective websites to view their cookie policies.

Disabling Cookies and Other Tracking Technology: Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.

Some Internet browsers also may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

Your Choices

This section of our Policy describes your choices with respect to the personal information you provide and the marketing communications you choose to receive. In addition, some states may grant you additional rights as further described in the "Location-Specific Disclosures" section below.

Opt Out of Marketing Communications: You may opt out of marketing-related emails by following the opt-out prompt in the email. To opt out of other forms of marketing communications, please contact us as detailed at the end of this Policy.

Consequences of Not Providing Personal Information: You are not required to provide all personal information identified in this Policy to use our Site or to interact with us offline, but certain functionality will not be available if you do not provide personal information. For example, if you do not provide personal information, we will not be able to provide you with some of our services, and we may not be able to respond to your request, perform a transaction with you, or provide you with marketing that we believe you would find valuable.

How We Protect Your Personal Information

We will use commercially reasonable means to protect the integrity of the Site and to limit access to your personal information, including by implementing appropriate security safeguards designed to protect your data. For example, we use commercially reasonable means to protect the security of information during transmission on the Site by using Transport Layer Security (TLS) or comparable software to encrypt all transmissions on the Site. However, we cannot provide absolute assurances against, and will not be liable for, any breaches of data security or confidentiality due to system failures or unauthorized access by third parties, or other causes beyond our reasonable control. Adams Keegan cannot ensure or warrant the security of any information that you transmit to us by e-mail, and you do so at your own risk.

Verifying, Changing, or Deleting Your Information

We recognize that you may need to correct or update the personal information that you previously provided us. If you have registered for an account, you can access, review and manage many changes yourself via your account, including updating your profile information and changing your communication preferences. If you have not registered for an account, or the information you are seeking is not available within your account, you can contact us as detailed at the end of this Policy and ask us to change, update or fix your information in certain cases, particularly if it is inaccurate. You can also request that we erase or delete all or some of your personal information or otherwise object to, limit, or restrict the use of such information (if we have no legal right or legitimate business interest in retaining such information). You may also ask to review any of the information that we have retained about you, how we have used it, and to whom we have disclosed it at any time by contacting us.

Data Integrity and Retention

We use the information that we collect about you only for the purposes for which it is collected and consistent with this Policy. We retain your personal information even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our terms and conditions, or fulfill your request to "unsubscribe" from further messages from us. We will retain de-personalized information after your account has been closed but will destroy your personal information when it is no longer needed for the foregoing purposes, or we remove your personal information to render it anonymous. We keep information provided to us for as long as we believe necessary for our business purposes and as permitted by applicable law. In most cases, we will retain information that we have collected from you for seven (7) years.

Transfer of Information

Any information you provide to us through the use of the Site may be stored, processed, transferred among, and accessed from the United States and other countries which may not guarantee the same level of protection of personal information as the one in which you reside. However, we will handle your personal information in accordance with this Policy regardless of where your personal information is kept. We will not transfer your confidential tax information outside of the United States unless you so request.

Children

Our Site is not directed at children under the age of 13, and we will not knowingly collect information about children under the age of 13. If you are under the age of 13, please do not sign up for an account or submit your personal information. If you are a parent who believes that we have collected information about a child under age 13, please notify us as detailed at the end of this Policy and we will be happy to delete the information.

Changes to This Policy

Adams Keegan may revise this Policy at any time. If we do change this Policy, we will post the revised version on the Site, listing the date that this Policy was last revised at the bottom of this page. If we make material changes to this Policy that affect your rights or how we use the personal information we collect, we will notify you by email or through the Site.

Location-Specific Disclosures

The law requires that we provide additional disclosures to residents of certain countries, regions and states. Please see below for disclosures that may be applicable to you.

Notice to California Residents

If you are a California resident, this section applies to you in addition to the rest of this Policy.

Personal Information We Collect: We collect your personal information when you interact with our Site or otherwise communicate with us. In the past 12 months, we have collected the following categories of personal information from consumers and have used that information for the following purposes:

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible business purposes without providing you notice. We will only retain your personal information for the period of time indicated above.

Sharing Your Information: We do not share your personal information with third parties for cross-context behavioral advertising purposes or otherwise sell your personal information.

Sensitive Personal Information: We do not use or disclose sensitive personal information except as necessary to provide you with our services.

Personal Information of Children: We have no actual knowledge that we sell or share personal information of consumers under 16 years of age.

Your Rights: California residents have certain rights regarding their personal information:

• Right to Know: You may request no more than twice in a 12-month period that we provide you with copies of specific personal information we have collected, sold, or disclosed about you. However, under California law, we cannot provide you with certain sensitive information, despite your request (for example, we will not send you copies of your social security number even if it is something we collected).
• Right to Delete: You may request that we delete personal information we have collected about you, with certain exceptions.
• Right to Correct: You may request that we correct inaccurate personal information that we maintain about you.
• Shine the Light: Under California's "Shine the Light" law, you have the right to ask us once a year if we have shared your personal information with third parties for direct marketing purposes.

If you are not an Adams Keegan customer but instead are using an Adams Keegan service made available by your employer or other organization, please contact your employer or the issuing organization directly to exercise any of the rights above. If you are an Adams Keegan customer looking to exercise your rights above, please submit a request by contacting us as detailed at the end of this Policy. Please describe your request with sufficient detail so we can properly respond to your request. As part of your request, please specify which right you are exercising and provide your name, contact information, and the type of request you wish to make. We may ask for additional information to verify your identity. The information you provide in your request and any follow up information we ask for from you will be used solely to verify your request. After receiving your request, we may need to contact you for further information and will notify you if your request has been granted or declined, or if an exception applies to your request. Only you or an individual designated as your authorized agent to act on your behalf may make a request related to your personal information. We will not discriminate against you if you choose to exercise your rights.

Responding to Your Right to Know, Right to Access, Right to Delete, and Right to Correct Requests

Upon receiving a verifiable request from a California resident, we will confirm receipt of the request no later than 10 business days after receiving it. We endeavor to respond to a verifiable request within forty-five (45) calendar days of its receipt. If we require more time (up to an additional 45 calendar days, or 90 calendar days total from the date we receive your request), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

For a request to correct inaccurate personal information, we will accept, review, and consider any documentation that you provide, and we may require that you provide documentation to rebut our own documentation that the personal information is accurate. You should make a good-faith effort to provide us with all necessary information at the time that you make the request to correct. We may deny a request to correct if we have a good-faith, reasonable, and documented belief that a request to correct is fraudulent or abusive. If we deny your request to correct, we shall inform you of our decision not to comply and provide an explanation as to why we believe the request is fraudulent. 

Questions: If you have any questions or concerns about our privacy practices or information practices, please contact us as detailed at the end of this Policy.

Notice to Colorado, Connecticut, Utah and Virginia Residents

If you are a resident of Colorado, Connecticut, Utah or Virginia, this section applies to you in addition to the rest of this Policy.

No Targeted Advertising or Profiling: We do not process your personal information for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.

Sensitive Personal Information: If you have engaged us to provide wage, income, or information reporting form filing with a governmental agency on your behalf, we will need to process certain sensitive information about you as necessary to provide that service, which we will do with your consent. We will only process this information as necessary to provide this service and in accordance with applicable law and our data retention policies. We do not use sensitive information to make inferences about you.

Your Rights: State law gives you certain rights regarding your personal information

• Right to Correct: You may request that we correct inaccurate personal information we maintain about you.
• Right to Delete: You may request that we delete certain personal information we have collected about you, with certain exceptions.
• Right to Access: You have the right to confirm whether we are processing your personal information and to access such personal information, and, under certain circumstances, to receive a copy of such personal information.

Exercising Your Rights: If you are not an Adams Keegan customer but instead are using an Adams Keegan service made available by your employer or other organization, please contact your employer or the issuing organization directly to exercise any of the rights above. If you are an Adams Keegan customer looking to exercise your rights, please contact us as detailed at the end of this Policy. Please describe your request with sufficient detail so we can properly respond to your request. As part of your request, please specify which right you are exercising and be prepared to provide your name and contact information. Only you or an individual designated as your authorized agent to act on your behalf may make a request related to your personal information.

We will not discriminate against you if you choose to exercise your rights, and you may exercise your rights at any time. We may ask for additional information to verify your identity. The information you provide in your request and any follow up information we ask for from you will be used solely to verify your request. After receiving your request, we may need to contact you for further information and will notify you if your request has been granted or declined, or if an exception applies to your request. Only you or an individual designated as your authorized agent to act on your behalf may make a request related to your personal information.

Responding to Your Rights Request: After receiving your request, we will use the information you provided to authenticate your identity or your authority as an authorized agent. However, we may ask you to provide additional information if we cannot authenticate your identity or authority based on the information you have provided and the information in our records. We will respond to your request by mail or electronically, at your option, and will notify you if your request has been granted or declined, if an exception applies to your request, any reason we cannot comply with your request, or if we need additional information. We will do our best to respond to your request within 45 days. If we need more time, we will contact you with the reason and the extension period. We will not charge a fee to process or respond to your request unless your request is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate prior to completing your request. You have the right to appeal our refusal to take action on a rights request within 30 days after receiving our decision by contacting us as detailed at the end of this Policy. We will try to inform you of our decision in writing within 60 days after receipt of your appeal, with a written explanation of our decision.

Notice to Nevada Residents

Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties. We do not sell your personal information for monetary consideration; however, this right still applies. If you are an Adams Keegan customer residing in Nevada and wish to exercise this right, please submit your request by contacting us as detailed at the end of this Policy.

Contacting Us

If you have any questions or comments about our policies and practices, or if you are an Adams Keegan customer wishing to make a privacy right request as detailed above, contact us using one of the following methods:

By Email: hr@adamskeegan.com

By phone: +1 (800) 621-1308

By mail: 6750 Poplar Ave., Suite 400, Memphis, TN 38138

If you are not an Adams Keegan customer but instead are using an Adams Keegan service made available by your employer or other organization, please contact your employer or the issuing organization directly to exercise any of the rights above.

Last Updated: November 30, 2023

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Terms of Use

These Terms of Use apply to Adams Keegan’s websites, portals, and related sites (collectively, “Site”). This Site is owned and operated by Adams Keegan, Inc.  (“Adams Keegan,” “we,” or “us”). You should read these Terms of Use carefully. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and Adams Keegan. In addition, when using a particular service and/or accessing certain areas of the Site, you are subject to any additional posted terms, conditions, and rules, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Adams Keegan reserves the right to make changes to the Site and/or the Terms of Use at any time, effective immediately upon posting to the Site.

BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THE SITE OR PROVIDE US WITH YOUR INFORMATION.

Intellectual Property

Through this Site, Adams Keegan may make available to you: (a) certain audio and visual text, information, images, videos, documents and other materials (collectively, “Materials”); and (b) various services, tools, software, and functionality (collectively, “Services”). In these Terms of Use, all references to the Site shall be deemed to include all Materials and Services unless otherwise expressly indicated. Adams Keegan and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Adams Keegan and its licensors grant to you a personal, non-exclusive, non-transferable right to use the Services and access, view, download, print, use and display the Materials solely for your own informational and non-commercial use. All rights not expressly granted by Adams Keegan to you are retained by Adams Keegan, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which may not be copied or imitated in whole or in part.

The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Adams Keegan or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other "hidden text" utilizing Adams Keegan’s name or trademarks without our express written consent. Our trademarks cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Adams Keegan.

Site Access

As a condition to using certain aspects of the Site, you may be required to register with Adams Keegan and/or your employer or other issuing organization, and provide us or them with certain information. You represent and warrant that you will provide accurate, complete, and updated information. Failure to do so shall constitute a breach of these Terms of Use. You are solely responsible for the security of online access to this Site, including access to any user account, and you must take precautions to protect the confidentiality of your login information. You are solely responsible for verifying the accuracy of all transactions placed in your account and for ensuring that you receive a confirmation for all transactions placed for your account. You should contact Adams Keegan immediately if you suspect unauthorized use of or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Site that make use of your login credentials. Adams Keegan may justifiably assume that any orders or instructions provided under your account were placed or authorized by you.

Prohibited Use

You agree that you are only authorized to use the Site for your own personal use, and not for a commercial purpose except as expressly authorized by Adams Keegan in writing. Your ability to use this Site depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and take other appropriate measures to enforce these Terms of Use. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to engage in:

Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Site.

The unauthorized access, monitoring, collection, or use of data, systems or networks.

Providing inaccurate, incomplete, untrue, fraudulent or misleading information or providing information that may infringe or otherwise violate any law or privacy, intellectual property, or other personal or proprietary rights.

Offensive activities such as harassment or transmitting content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.

Sharing or disclosing any user identification, password or access links to this Site.

Consent to Collection and Use of Data

You agree that Adams Keegan may track and gather data regarding your use of the Site and our products and services (“Usage Data”). Usage Data may be automatically transmitted to Adams Keegan by the Site. You hereby authorize and consent to the collection, storage and use of Usage Data by Adams Keegan and its agents and third-party service providers. You may also provide Adams Keegan with any comments, suggestions or other feedback with respect to the products, the Site or any component thereof (collectively, “Feedback”). You acknowledge and agree that Adams Keegan retains sole and exclusive ownership of all right, title and interest in and to all Usage Data and Feedback, and you shall have no rights to retain or use any of the Usage Data. Adams Keegan may use the Usage Data without limitation, but it will ensure that such Usage Data is anonymized and/or aggregated in such a manner that it no longer identifies you before sharing Usage Data with third parties. Adams Keegan will be the owner of, and free to use such Feedback for any purpose without restrictions.

Disclaimer of Warranties and Limitation of Liability

THIS SITE, INCLUDING ALL MATERIALS, SERVICES, AND OTHER INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ADAMS KEEGAN ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ADAMS KEEGAN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND CONTINUED AVAILABILITY, AND NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. ADAMS KEEGAN DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT THE SITE, COMMUNICATIONS SENT FROM ADAMS KEEGAN, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE ADAMS KEEGAN, AND ITS LICENSORS AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH ADAMS KEEGAN MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS.

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL ADAMS KEEGAN, ITS LICENSORS, OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. IN ANY EVENT, ADAMS KEEGAN’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE GREATER OF $50 USD OR THE FEES PAID BY YOU IN THE THREE MONTHS PRECEDING THE CLAIM GIVING RISE TO THE CAUSE OF ACTION. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM. ADAMS KEEGAN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF ADAMS KEEGAN’S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Links to Third Party Sites

When you are on the Site, you could be directed to other sites that are beyond Adams Keegan’s control. Hypertext links to third party sites or information are provided solely for your convenience, and do not constitute or imply an endorsement, sponsorship, or recommendation by Adams Keegan of the third party, the third-party site, or the information contained therein unless expressly stated on the Site. You acknowledge and agree that Adams Keegan is not responsible for the availability of any such sites and that Adams Keegan does not endorse or warrant, and is not responsible or liable for, any such site or the content thereon. If you decide to access any third party sites linked to this Site or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services or any form filing through the Site. This includes, but is not limited to, tax laws, data privacy laws, and export control laws regulating the export and re-export of technology originating in the United States.

Indemnification

You understand and agree that you are personally responsible for your actions when using the Site, including costs incurred to Internet access and verifying the accuracy and completeness of your information. You agree to indemnify, defend and hold harmless Adams Keegan, its affiliates, licensors, shareholders, directors, employees, agents, and service providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, or any violation by you of these Terms of Use or other posted terms related to the Site.

Termination

Adams Keegan may terminate your access to this Site at any time and for any reason without prior notification. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law and Waiver

By visiting the Site, you agree that the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Adams Keegan. You expressly agree that any litigation or dispute related to the Site or these Terms of Use shall be brought in any state or federal court located in Shelby County, Tennessee, and you hereby irrevocably agree and consent to the exclusive jurisdiction of the state and federal courts sitting in the state of Tennessee.

The failure of Adams Keegan to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Adams Keegan in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Use.