Terms and Conditions of Use

Restrictions on Use of Materials
You acknowledge that this website contains information, software, photos, text, images and other material and services, which is generally provided by Robert Powell Design Studio. You agree and acknowledge that, notwithstanding that Robert Powell Design Studio permits access to the Content, the Content is protected by copyrights and other proprietary (including intellectual property) rights, that these Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms, your use of the Content shall be governed and constrained by applicable copyright and other intellectual property laws. In addition to Robert Powell Design Studio's Rights in individual elements of the Content, Robert Powell Design Studio owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the Content, in whole or in part except for personal or classroom educational purposes. No other use may be made of the content without the express written permission of Robert Powell Design Studio.

Third Party Property
You agree that you may download to the or otherwise transmit on or through this website, only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Internet. You also agree that you will not transmit any Content that you do not have a right to transmit or any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You also agree that you will not transmit any Content designed to harm another person or to cause damage to any computer system. You acknowledge that Robert Powell Design Studio does not screen Content, but that Robert Powell Design Studio shall have the right (but not the obligation) in their sole discretion to refuse or move any Content.

Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Robert Powell Design Studio be liable for any special or consequential damages that result from the use of, or the inability to use, the materialson this site, even if Robert Powell Design Studio or a Robert Powell Design Studio authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Robert Powell Design Studio total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Disclaimer
The materials in this website are provided "as is" and without warranties of any kinds, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Robert Powell Design Studio disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Robert Powell Design Studio does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Robert Powell Design Studio does not warrant or make any representation regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Robert Powell Design Studio assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.

Other
This agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.