Terms of Use

These Terms govern use of the ruturning65.com website and apply to all persons who use our website. By accessing any portion of our website beyond our 'home' page (that is, the page to which a normal internet user would first be directed upon entering the web address ruturning65.com), and this Terms of Use page, you agree to the Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR FURTHER ACCESS ANY PART OF THIS WEBSITE.

OWNERSHIP AND CONTROL OF WEBSITE AND ITS CONTENTS

This website is controlled and operated by Jerry Ballard & Associates, Inc. Our mailing address is Post Office Box 1497, Morehead, NC 28557. Our telephone number is (252) 726-5400.

All content on this website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights. Our rights are protected and governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes.

We welcome your use of our site as a prospective insurance customer, policy holder, or other client of our firm. If you wish to use any part of the content of this website for purposes other than your personal transactions as a client or prospective client of our company, or as otherwise expressly permitted below, you must contact us for permission.

PERMITTED USES

Except where we specify otherwise, Jerry Ballard & Associates, Inc. offers you access to the website solely for your use as a client or prospective client of Jerry Ballard & Associates, Inc. This includes, of course, your use in shopping for or seeking to obtain a quote for insurance as a customer or potential client of Jerry Ballard & Associates, Inc.

You may record and print relevant portions of the content and information contained on the website for your use as a client or prospective client of Jerry Ballard & Associates, Inc. You may share this information with persons who are business colleagues or associates of yours, or whom you represent, and who are considering purchasing insurance from us.

We have spent a lot of time preparing our website, and obviously do not want our competitors to copy it or to steal information from it, including meta tags such as meta keywords and meta descriptions. We do not, in general, allow anyone to access our site or use it for other than the purposes described above.

PROHIBITED USES

You may not make any use of our website or any part of its contents for any purpose except those uses permitted above. You may not make either the content of the website, or information gained from it, available to others without our consent except as described in the Permitted Uses section of our Terms of Use.

You may not upload the content of our website, or information contained on our website, to any website that you operate or that is operated by anyone other than Jerry Ballard & Associates, Inc.

You may not publish or further distribute all or any part of the content of our website, or the information contained on it, in any medium, whether print, electronic, or otherwise, except as described in the Permitted Uses section of our Terms of Use. You may not look at, publish, or distribute the meta tags, meta keywords, meta descriptions or any other hidden information from our website under any circumstances, without our permission.

You may not frame pages from our website in another web page, nor use the content of our website, or information gained from it, including meta tags, meta keywords or meta descriptions, on any other website except as described in the Permitted Uses section of our Terms of Use. Except with the written permission of Jerry Ballard & Associates, Inc., you may not establish a hyperlink or other link to any part of this website that states or implies any sponsorship or endorsement of your website by Jerry Ballard & Associates, Inc. You may request permission by mailing your request to Jerry Ballard & Associates, Inc. at Post Office Box 1497, Morehead, NC 28557.

You may not provide information gained from our website to any third parties except as described in the Permitted Uses section of our Terms of Use.

You may not exploit or use the content of our website or any information gained from our website, for any commercial purpose, except as described in the Permitted Uses section of our Terms of Use.

You may not use on your website, or in any other location, any trademarks, service marks or copyrighted materials appearing on this website, including but not limited to any logos, characters, photographs, or pictures, without the express written consent of Jerry Ballard & Associates, Inc. or, if different, the owner of those proprietary rights.

You may not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website.

Except with the advance written permission of Jerry Ballard & Associates, Inc., you may not access or attempt to access password-protected, secure or non-public areas of the website. You may not obtain or attempt to obtain any materials or information through our website using any means that were not intentionally made available or provided for your use on our website.

You may not use or export any content or information from this website in violation of U.S. export laws and regulations.

OTHER USES

All rights and uses not otherwise discussed are reserved exclusively to Jerry Ballard & Associates, Inc.

PROMISES THAT YOU MAKE TO US WHEN YOU USE OUR WEBSITE

You promise that you will abide by all of these Terms of Use, as they presently exist or as they may be later modified.

You promise that you will not use our website for any purpose that is unlawful or prohibited by these Terms, including without limitation posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.

WE RESERVE THE UNCONDITIONAL RIGHT TO DENY ACCESS

Jerry Ballard & Associates, Inc. retains the right to deny access to you or anyone else, in our sole and unrestricted discretion, for any reason, including for violation of these Terms, or for no reason at all.

ALL PERMISSIONS TERMINATE UPON ANY VIOLATION

If you violate any of the Terms Of Use for our website, your permission to use our website immediately terminates without the necessity of any notice.

YOU INDEMNIFY US, AND WILL BE LIABLE TO US IF YOU BREACH THE TERMS OF USE

You agree that violations of our Terms of Use create a likelihood of irreparable harm to Jerry Ballard & Associates, Inc., and agree that a court may grant an injunction requiring that you immediately cease any violations and prohibiting future violations.

You agree that any accessing, use, or copying of information or content from our website in violation of our Terms of Use is an unfair and deceptive trade practice carried out by you in North Carolina , and that if you engage in such prohibited access or use, you will be subject to all applicable penalties for such violations.

In addition to seeking an injunction, Jerry Ballard & Associates, Inc. may seek any and all damages, costs, and attorneys' fees that may be provided by law. This includes, among other remedies, treble damages for copyright or trademark infringement, and for using our information in any commercial manner or copying it for any commercial purposes not expressly permitted by our Terms of Use or by a separate written agreement between you and Jerry Ballard & Associates, Inc.

Where appropriate Jerry Ballard & Associates, Inc. may refer any violators for criminal prosecution. It is a violation of federal criminal statutes, for example, to infringe our copyrights, copying meta tags, including meta keywords and meta descriptions, copying the layout and design of our website, or to counterfeit our trademarks by misusing or misappropriating them.

You agree to indemnify, defend, and hold harmless Jerry Ballard & Associates, Inc. and our officers, directors, employees, affiliates, agents, licensors, and suppliers, including, but not limited to Venue Communications, Inc., from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.

YOU AGREE TO PROVIDE ACCURATE AND COMPLETE INFORMATION

If and when requested by Jerry Ballard & Associates, Inc., you agree to provide true, accurate and complete user information. You will not impersonate or falsely represent your affiliation, or lack of affiliation, with any person or entity.

USING THE LINKS WE PROVIDE

Our website may contain links to other websites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of most or all of the Linked Sites is not under Jerry Ballard & Associates, Inc.'s control. Jerry Ballard & Associates, Inc. is not responsible for, and does not endorse, their content, whether or not Jerry Ballard & Associates, Inc. is affiliated with the owners of such Linked Sites.

Please note that the Linked Sites may have terms of use that differ from, or contain terms in addition to, the Jerry Ballard & Associates, Inc. Terms of Use. Your access to and use of the Linked Sites, even though you access them through links provided on our website, is governed by the terms of use and policies of those sites, not of this website. You assume all responsibility for your decision to use these links to access the Linked Sites, for all use of the Linked Sites, and for all compliance with their terms of use.

FUTURE CHANGES AND MODIFICATIONS TO TERMS OF USE

Jerry Ballard & Associates, Inc. reserves the right, in its sole discretion, to update, alter or otherwise modify these Terms at any time. Such modifications shall be effective immediately upon posting. We are not required to post a notice that our Terms of Use have been modified. You may access our home page, and our Terms of Use page, at any time. By accessing any portion of our website, other than those pages, after our Terms of Use have been modified in any way, you agree to be bound by the revised Terms.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS." OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY APPLICABLE LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, JERRY BALLARD & ASSOCIATES, INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER JERRY BALLARD & ASSOCIATES, INC., ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. JERRY BALLARD & ASSOCIATES, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, INSURANCE POLICY, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT JERRY BALLARD & ASSOCIATES, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER JERRY BALLARD & ASSOCIATES, INC., NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JERRY BALLARD & ASSOCIATES, INC. AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT JERRY BALLARD & ASSOCIATES, INC. IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENTS, PROSPECTIVE CLIENTS, OR THIRD PARTIES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, JERRY BALLARD & ASSOCIATES, INC.'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THIRD PARTY RIGHTS

These Terms are for the benefit of Jerry Ballard & Associates, Inc. and its officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

PLACE OF USE, APPLICABLE LAW, AND JURISDICTION

You understand that this website is controlled and operated by Jerry Ballard & Associates, Inc. from its offices within Morehead , NC . Jerry Ballard & Associates, Inc. makes no representation that content in the website is appropriate or available for use in all other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent there are such local laws that are applicable.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of North Carolina , as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Jerry Ballard & Associates, Inc. brings to enforce these Terms, or in connection with any matters related to this website, shall be brought only in either the state or Federal courts located in North Carolina and you expressly consent to the jurisdiction and venue of these courts located in North Carolina. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

The provisions and conditions of these Terms of Use, and each obligation referenced herein, represent the entire Agreement between Jerry Ballard & Associates, Inc., its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published Terms of Use that are in effect when you access portions of our website beyond our home page and our Terms of Use page, the last-published Terms of Use shall prevail.