TERMS OF USE
Last Updated: August 22, 2023
Greater Georgia Action, Inc. (“Greater Georgia,” “we,” “us,” or “our”) welcomes you. We
provide access to our website located at https://www.greatergeorgia.com/ (the
“Website”), and services made available through our Website (the “Services”), subject
to the following terms and conditions (the “Terms of Use”).
By visiting our Website, accessing and/or using the Services, you acknowledge that you
have read, understood, and agree to be legally bound by these terms of use and the
terms and conditions of our privacy policy (the “Privacy Policy”), which are hereby
incorporated into these terms of use and made a part hereof by reference (collectively,
the “Agreement”). If you do not agree to any of the terms in the agreement, you may not
access or use the Website, and/or the Services.
If you accept or agree to the Agreement on behalf of a company or other legal entity,
you represent and warrant that you have the authority to bind that company or other
legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to
that company or other legal entity.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the
Website, and/or the Services, or to modify the Agreement, at any time and without prior
notice. If we modify the Agreement, we will post the modification on the Website. By
continuing to access or use the Website, and/or the Services, after we have posted a
modification on the Website, you are indicating that you agree to be bound by the
modified Agreement. If the modified Agreement is not acceptable to you, your only
recourse is to cease using the Website and the Services.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION
WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT, AND CLASS
ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in
our Privacy Policy.
1. USE OF PERSONAL INFORMATION
Your use of the Website, and/or the Services may involve the transmission to us of
certain personal information. Our policies with respect to the collection and use of such
personal information are governed according to our Privacy Policy (located at [www.greatergeorgia.com/privacy-policy]), which is hereby incorporated by reference in its entirety.
2. THE STORE
The products and merchandise available for purchase via the store on our Website are
provided by independent third parties (collectively, the “Third Parties”). The store is
operated and controlled by such Third Parties and the products and merchandise are
also provided by such Third Parties. Any information, including any personal information
that you provide through the store, including but not limited to, in connection with your
purchase of the products and merchandise shall be collected, stored and processed by
such Third Parties in accordance with the privacy policy and terms and conditions of
such Third Parties. We do not endorse or recommend the products and merchandise
provided by such Third Parties and we are not responsible or liable for any products and
merchandise that you purchase through the store. If you have any concerns, complaints
or issues with respect to the products and merchandise that your purchase through the
store, please contact the applicable Third Party. For more information on the privacy
practices of such Third Parties, please check the applicable Third Party privacy policy
and terms and conditions.
3. DONATIONS
If you wish to make a donation through the Website, you acknowledge and agree that
your donation will be processed by our third-party payment processor (“Third-Party
Payment Processor”). You warrant and represent that you are the valid owner or an
authorized user, of the credit card or payment account that you provide to such Third-
Party Payment Processor, and that all information you provide is accurate. You
acknowledge and agree that any information that you submit in connection with such
donation will be collected by such Third-Party Payment Processor and will be subject to
the privacy policy and terms of use of such Third-Party Payment Processor.
4. ELIGIBILITY
The Website is available only for individuals aged 18 years or older. If you are 18 or
older, but under the age of majority in your jurisdiction, you should review this
Agreement with your parent or guardian to make sure that you and your parent or
guardian understand it.
5. INTELLECTUAL PROPERTY
We retain all right, title and interest in and to the Website, the Services, all software and
other technology relating to any of the foregoing, all any content or materials made
available through any of the foregoing, together with all intellectual property rights
embodied therein (“Content”). The Content may be owned by us or our licensors, and is
protected under both United States and foreign laws. Unauthorized use of the Content
may violate copyright, trademark, and other intellectual property rights or laws. You
have no rights in or to the Content, and you will not use the Content except as permitted
under this Agreement and the functionality of the Website and the Services. No other
use is permitted without prior written consent from us. You must retain all copyright and
other proprietary or legal notices contained in the original Content. You may not sell,
transfer, assign, license, sublicense, or modify the Content or reproduce, display,
publicly perform, make a derivative version of, distribute, or otherwise use the Content
in any way for any public or commercial purpose. The use or posting of the Content
outside the Website and Services or in a networked computer environment for any
purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access the Website and the
Services automatically terminates and you must immediately destroy any copies you
have made of the Content.
The trademarks, service marks, and logos of Greater Georgia (the “Greater Georgia
Trademarks”) used and displayed on the Website, the Services, and the Products are
registered and unregistered trademarks or service marks of Greater Georgia. Other
company, product, and service names located on the Website, the Services, and the
Products may be trademarks or service marks owned by others (the “Third-Party
Trademarks,” and, collectively with Greater Georgia Trademarks, the “Trademarks”).
Nothing on the Website, the Services, and the Products should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use the
Trademarks, without our prior written permission specific for each such use. Use of the
Trademarks as part of a link to or from any website is prohibited unless establishment of
such a link is approved in advance by us in writing. All goodwill generated from the use
of Greater Georgia Trademarks inures to our benefit.
Elements of the Website, and the Services are protected by trade dress, trademark,
unfair competition, and other state and federal laws and may not be copied or imitated
in whole or in part, by any means, including, but not limited to, the use of framing or
mirrors. None of the Content may be retransmitted without our express, written consent
for each and every instance.
6. COMMUNITY GUIDELINES
By accessing the Website, and/or the Services, you hereby agree to comply with the
following guidelines:
● You will not use the Website and the Services for any unlawful purpose;
● You will not access or use the Website and the Services to collect any market
research for a competing business;
● You will not impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
● You will not decompile, reverse engineer, or disassemble any software or other
products or processes accessible through the Website and the Services;
● You will not cover, obscure, block, or in any way interfere with any
advertisements and/or safety features on the Website and the Services;
● You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the
protections in the Website and the Services;
● You will not use automated means, including spiders, robots, crawlers, data
mining tools, or the like to download or scrape data from the Website, directly or
indirectly, except for Internet search engines (e.g., Google) and non-commercial
public archives (e.g., archive.org) that comply with our robots.txt file;
● You will not take any action that imposes or may impose (in our sole discretion)
an unreasonable or disproportionately large load on our technical infrastructure;
and
● You will not interfere with or attempt to interrupt the proper operation of the
Website and/or the Services through the use of any virus, device, information
collection or transmission mechanism, software or routine, or access or attempt
to gain access to any data, files, or passwords related to the Website and/or the
Services through hacking, password or data mining, or any other means.
We reserve the right, in our sole and absolute discretion, to deny you (or any device)
access to the Website and the Services, or any portion thereof, without notice.
7. FEEDBACK
We welcome and encourage you to provide feedback, comments, and suggestions for
improvements to the Website and the Services (“Feedback”). Although we encourage
you to e-mail us, we do not want you to, and you should not, e-mail us any content that
contains confidential information. With respect to any Feedback you provide, we shall
be free to use and disclose any ideas, concepts, know-how, techniques, or other
materials contained in your Feedback for any purpose whatsoever, including, but not
limited to, the development, production and marketing of products and services that
incorporate such information, without compensation or attribution to you.
8. NO WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS, AND NEITHER GREATER GEORGIA NOR
GREATER GEORGIA’ SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO
THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND
GREATER GEORGIA HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED
OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING,
COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT
CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR
INABILITY TO ACCESS AND USE THE WEBSITE, THE SERVICES, OR THE
CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A
RESULT OF YOUR USE OF THE WEBSITE, THE SERVICES, OR THE CONTENT
SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON
WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE
FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED
ON THE WEBSITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE
CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND
THE SERVICES AT ANY TIME WITHOUT NOTICE.
9. EXTERNAL SITES
The Website and the Services may contain links to third-party websites (“External
Sites”). These links are provided solely as a convenience to you and not as an
endorsement by us of the content on such External Sites. The content of such External
Sites is developed and provided by others. You should contact the Website
administrator or webmaster for those External Sites if you have any concerns regarding
such links or any content located on such External Sites. We are not responsible for the
content of any linked External Sites and do not make any representations regarding the
content or accuracy of materials on such External Sites. You should take precautions
when downloading files from all websites to protect your computer from viruses and
other destructive programs. If you decide to access linked External Sites, you do so at
your own risk.
10. INDEMNIFICATION
You will indemnify, defend, and hold Greater Georgia and its shareholders, members,
officers, directors, employees, agents, and representatives (collectively, “Greater
Georgia Indemnitees”) harmless from and against any and all damages, liabilities,
losses, costs, and expenses, including reasonable attorney’s fees (collectively,
“Losses”) incurred by any Greater Georgia Indemnitee in connection with a third-party
claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this
Agreement; (ii) your misuse of the Website, the Services, and/or the Content; (iii) your
negligence, gross negligence, willful misconduct, fraud, misrepresentation or violation of
law; and/or (iv) your violation of any third-party rights, including without limitation any
copyright, trademark, property, publicity, or privacy right; provided, however, that the
foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii)
providing you, at your expense, with reasonable cooperation in the defense of the
Claim; and (iii) providing you with sole control over the defense and negotiations for a
settlement or compromise.
11. COMPLIANCE WITH APPLICABLE LAWS
The Website and the Services are based in the United States. We make no claims
concerning whether the Website, the Services or the Products may be viewed or be
appropriate for use outside of the United States. If you access the Website and/or the
Services from outside of the United States outside of the United States, you do so at
your own risk. Whether inside or outside of the United States, you are solely
responsible for ensuring compliance with the laws of your specific jurisdiction.
12. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate the
Agreement and/or your access to all or any part of the Website and/or the Services, at
any time and for any reason without prior notice or liability. We reserve the right to
change, suspend, or discontinue all or any part of the Website and/or the Services at
any time without prior notice or liability.
13. Links to Third-Party Sites
The Website and the Services may contain links to third-party websites (“External
Sites”). These links are provided solely as a convenience to you and not as an
endorsement by us of the content on such External Sites. The content of such External
Sites is developed and provided by others. You should contact the Website
administrator or webmaster for those External Sites if you have any concerns regarding
such links or any content located on such External Sites. We are not responsible for the
content of any linked External Sites and do not make any representations regarding the
content or accuracy of materials on such External Sites. You should take precautions
when downloading files from all websites to protect your computer from viruses and
other destructive programs. If you decide to access linked External Sites, you do so at
your own risk.
14. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, the Website, the
Services, or any other products or services provided by us (each, a “Dispute”), such
dispute will be finally and exclusively resolved by binding arbitration governed by the
Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO
LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER
PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF
PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH
COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND
DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All
disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose
decision will be final, except for a limited right of appeal under the FAA. The arbitration
shall be commenced and conducted by JAMS pursuant to its then current
Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited
Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined
Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are
available at the JAMS website www.jamsadr.com. Each party will be responsible for
paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS
rules. Judgment on the arbitrator’s award may be entered in any court having
jurisdiction. This clause shall not preclude parties from seeking provisional remedies in
aid of arbitration from a court of appropriate jurisdiction. The arbitration may be
conducted in person, through the submission of documents, by phone, or online. If
conducted in person, the arbitration shall take place in the United States county where
you reside. The parties may litigate in court to compel arbitration, to stay a proceeding
pending arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and
informal exchange of all non-privileged documents and other information (including
electronically stored information) relevant to the Dispute immediately after
commencement of the arbitration. As set forth in Section 16 below, nothing in these
Terms of Use will prevent us from seeking injunctive relief in any court of competent
jurisdiction as necessary to protect our proprietary interests.
15. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us
and you individually. To the full extent permitted by law, (i) no arbitration or proceeding
shall be joined with any other; (ii) there is no right or authority for any Dispute to be
arbitrated or resolved on a class action-basis or to utilize class action procedures; and
(iii) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons. YOU
AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING.
16. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our
intellectual property rights and confidential and proprietary information by you, we will
suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this
Agreement. We may, without waiving any other remedies under this Agreement, seek
from any court having jurisdiction any interim, equitable, provisional, or injunctive relief
that is necessary to protect our rights and property pending the outcome of the
arbitration referenced above. You hereby irrevocably and unconditionally consent to the
personal and subject matter jurisdiction of the federal and state courts in the State of
Georgia for purposes of any such action by us.
17. CONTROLLING LAW; EXCLUSIVE FORUM
The Agreement and any action related thereto will be governed by the laws of the State
of Georgia without regard to its conflict of laws provisions. The parties hereby consent
and agree to the exclusive jurisdiction of the state and federal courts located in the
State of Georgia, for all suits, actions, or proceedings directly or indirectly arising out of
or relating to this Agreement, and waive any and all objections to such courts, including
but not limited to, objections based on improper venue or inconvenient forum, and each
party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits,
actions, or proceedings arising out of or relating to this Agreement
18. MISCELLANEOUS
If the Agreement is terminated in accordance with the termination provision in Section
12 above, such termination shall not affect the validity of the following provisions of this
Agreement, which shall remain in full force and effect: “Intellectual Property,”
“Feedback,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with
Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action
Waiver,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed
as a waiver of that provision or any other provision in this Agreement. No waiver shall
be effective against us unless made in writing, and no such waiver shall be construed
as a waiver in any other or subsequent instance. You may not assign this Agreement
without our prior written consent. Except as expressly agreed by us and you in writing,
the Agreement constitutes the entire agreement between you and us with respect to
the subject matter, and supersedes all previous or contemporaneous agreements,
whether written or oral, between the parties with respect to the subject matter. The
section headings are provided merely for convenience and shall not be given any legal
import. This Agreement will inure to the benefit of our successors, assigns, licensees,
and sublicensees.
Copyright 2023 Greater Georgia Action, Inc. All rights reserved.