Terms and Conditions
The "Georgia Industry Association", "we", "our", "us") provides this Web site and the materials located at and under the domain name Georgia Industry Association.com (collectively, this "Site") and any Georgia Industry Association services offered on this Site (which collectively with this Site are referred to as the "Services") to you, the user, subject to compliance with these terms and conditions below relating to this Site and the Services (collectively, this "Agreement").
1. USE OF WEB SITE
Georgia Industry Association provides the Services for users of
this Site to provide information and relating to the Georgia
Industry Association and its affiliates. As a condition to your use
of this Site and the Services you agree that you will not: (i) use
this Site or the Services to infringe the intellectual property
rights of others in any way; (ii) use this Site or the Services or
make any attempt to penetrate, modify or manipulate this Site or
the Services or any of Georgia Industry Association's hardware or
software in order to: invade the privacy of, obtain the identity
of, or obtain any personal information about (including but not
limited to IP addresses of) any Georgia Industry Association
account holder or user, or modify, erase or damage any information
contained on the computer of any user connected to the Services; or
(iii) reverse engineer any portion of the Services.
The information contained on this Site is provided solely for
general informational purposes and is not intended to be a
solicitation or an offer to sell in connection with any product or
service, nor is the information a complete description of all
terms, conditions and exclusions applicable to the products and
services described. Georgia Industry Association is not engaged in
rendering legal or any other advice. You are not a client of
Georgia Industry Association merely by visiting this Site.
The information contained on this Site was believed to be
accurate at the time it was posted. Georgia Industry Association
periodically updates the information on this Web site; however,
Georgia Industry Association provides all information on this Site
on an "as is" and "as available" basis and takes no responsibility
for the timeliness, accuracy or applicability of the information at
the time it may be accessed.
Links on this Site may provide access to other Internet sites that
are not maintained or controlled by Georgia Industry Association.
Such external Internet addresses contain information created,
published, maintained or otherwise posted by organizations and
entities independent of Georgia Industry Association. Georgia
Industry Association is not responsible for the content of those
sites. Links on this Site may also provide access to other entities
affiliated with Georgia Industry Association. This Agreement
applies only to the Services offered at the Georgia Industry
Association Site. Your use of any Web site not under the domain
name Georgia Industry Association.com will be subject to the terms
and conditions posted on that Web site. Georgia Industry
Association takes no responsibility and assumes no liability for
any content posted by any third party or on any third party Web
site, nor does Georgia Industry Association approve, endorse or
certify information available at any external site or linked
addresses.
2. COPYRIGHTS AND TRADEMARKS
All content included on this Site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data
compilations, and software, the compilation of all content on this
Site, and all software used on this Site are the property of
Georgia Industry Association, its affiliates or its content
suppliers, and are protected by United States and international
copyright laws. Trademarks owned by Georgia Industry Association or
its affiliates, the Georgia Industry Association logo, and all
other trademarks, service marks, and trade names (collectively,
"Marks") of Georgia Industry Association or its affiliates
appearing on this Site are owned by Georgia Industry Association,
its affiliates or its licensor(s). Nothing in this Agreement or on
the Site grants you any right or license to make any use of any
materials or Marks on this Site other than as described in
following paragraph.
You are only authorized to visit, view and retain a single copy of
pages of this Site solely for your own individual, noncommercial
use, and that you will not duplicate, download, publish, modify or
otherwise distribute any material on this Site for any purpose
other than your own individual, noncommercial use unless otherwise
specifically authorized by Georgia Industry Association. We post
legal notices and various credits on pages of this Site and the
Services, which you may not remove even from your permitted
copy.
3. PROHIBITED ACTIVITIES ON THE SITE
It is a condition of your use of the Services and this Site that
you do not restrict or inhibit any other user from using and
enjoying the Services or any Georgia Industry Association property
or system, or use this Site or any of the Services to:
Engage in or encourage fraudulent conduct or conduct that would
constitute any other criminal offense or give rise to civil
liability;
Distribute in any manner any harmful, obscene or otherwise illegal
or objectionable material of any kind;
Spoof or otherwise impersonate any individual or entity, or forge,
delete or alter any part of TCP/IP packet header information in any
e-mail or other posting;
Violate or attempt to violate, the security of the
Services;
Infringe on any person's copyright or other intellectual property
rights (be advised that you may be ordered by a court to pay money
damages to the rightful owner of any intellectual property rights
you violate); or
Assist or permit any persons in engaging in any of the activities
described above.
4. CONSEQUENCES OF UNACCEPTABLE USE
We reserve all rights, including without limitation the right to
investigate and to involve and cooperate with law enforcement
authorities, and to pursue a civil lawsuit or criminal prosecution
for any alleged or actual illegal activities involving this Site or
any of the Services, as well as the right to terminate your access
to the Site or the Services.
5. INFORMATION YOU SUBMIT
We use the information you submit to us by e-mail and through our
"Contact Georgia Industry Association" pages and other pages we may
add from time to time, to respond to your inquiries for information
or requests for Services. Our use of any information you submit to
us in order to use the Services is subject to the terms and
conditions of our Privacy Statement, which forms a part of this
Agreement. Nonetheless, Georgia Industry Association reserves the
right at all times to disclose any information as necessary to
satisfy any law, regulation or governmental request or avoid
liability.
When you complete forms online or otherwise provide us
information in connection with the Site and Services, you agree to
provide current, complete, true and accurate information. You agree
not to use a false or misleading name or a name that you are not
authorized to use. If Georgia Industry Association in its sole
discretion believes that any such information is untrue,
inaccurate, not current or incomplete, Georgia Industry Association
may refuse you access to our Services, and pursue any appropriate
legal remedies.
The Site may use "cookies" to store some personal preferences for
your future visits to the Site. Cookies tell Georgia Industry
Association, among other things, whether you have visited the Site
before. In some cases Georgia Industry Association may store the
information needed to grant you access in a cookie. Cookies allow
the Site to recognize you more quickly so your time spent on the
Site is more productive.
6. WARRANTY DISCLAIMER
YOU ACCESS AND USE THIS SITE AND ANY OF THE SERVICES OFFERED ON
THIS SITE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL
PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET
ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM
INTEGRATION. COMPANY DOES NOT WARRANT THAT THE SITE AND ANY
SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR
ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
Georgia Industry Association DOES NOT WARRANT THAT INFORMATION
AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE OR
AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT
FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY
PROHIBITED. Some jurisdictions do not allow exclusion of certain
implied warranties, so the above exclusions may not apply to
you.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY
RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE
FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO
BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE
LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND
OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY
RELATED TO THE SITE, THE SERVICES OR THIS AGREEMENT SHALL BE
LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED
FIFTY DOLLARS ($250).
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN
THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
YOUR USE OR YOUR INABILITY TO USE THE SITE OR ANY OTHER PART OF THE
SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A COMPANY
DOING BUSINESS IN CALIFORNIA, USER HEREBY WAIVES CALIFORNIA CIVIL
CODE ยง1542, WHICH SAYS: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him
must have materially affected his settlement with the debtor."
8. INDEMNITY
You agree to indemnify and hold Georgia Industry Association and
its affiliates harmless, and, at Georgia Industry Association's
request, to defend Georgia Industry Association and its affiliates
from and against any claim, demand, cause of action, debt, loss or
liability, including reasonable attorneys' fees, to the extent that
such action is based upon, arises out of, or relates to: (i) your
use of (or inability to use) the Services; (ii) your violation of
the terms and conditions of this Agreement; (iii) the infringement
by you, or any other person using your password and account, of any
right of any person or entity; or (iv) any other activities of
yours accomplished using the Services. This indemnity shall be in
addition to and not limited by any other indemnity.
9. ORDER OF PRECEDENCE
This Agreement governs your use of the Site and access to the
Services. To the extent that any provision of this Agreement, or
any supplemental agreement offered as any part of any registration
for additional Services on this Site, conflicts with any provision
of other agreements between you and Georgia Industry Association or
any of its related or affiliated entities, the terms of this
agreement, shall, as to the specific subject matter of this
agreement, take precedence over the conflicting term(s) of that
other Agreement.
10. APPLICABLE LAWS
This Georgia Industry Association Web site is controlled by Georgia
Industry Association from its offices within the State of Illinois
and, subject to Section 9 above, the substantive laws of the State
of Illinois will govern any dispute arising under this Agreement,
without regard to any conflict of laws provisions.
11. DISPUTE RESOLUTION
If a dispute arises out of or relates to this Agreement or its
breach (with the exception of rights to injunctive relief with
respect to Intellectual Property Rights and obligations with
respect to confidentiality), and the parties have not been
successful in resolving the dispute through direct negotiation,
then (i) the dispute shall be resolved by arbitration administered
by the American Arbitration Association under its Commercial
Arbitration Rules, (ii) any judgment on the award rendered by the
arbitrator(s) may be entered in any court of competent
jurisdiction, (iii) the location of the arbitration shall be
Chicago, Illinois, USA, and (iv) the parties shall have the right
to take discovery of the other party by any method allowed by the
Federal Rules of Civil Procedure. The arbitrator(s) shall each be a
natural person who has never been employed (either as an employee
or as an independent consultant) by either of the parties, or any
parent, subsidiary or affiliate thereof. The arbitrator(s) may upon
request exclude from in the arbitration proceeding any evidence not
made available to the other party pursuant to a proper discovery
request. The arbitrator(s) shall issue a reasoned award. The cost
of the arbitration shall be borne equally by the parties pending
the award. Upon the decision of the arbitrator(s), the prevailing
party shall be entitled to receive from the other party its
reasonable attorneys' fees and costs. The parties, their
representatives, other participants, the arbitrator(s) and the
administrator(s) of the arbitration shall hold in confidence the
existence, content and outcome of the arbitration.
12. GENERAL
Georgia Industry Association may amend these Terms of Service or
any other notices, policies, terms and conditions on this Site at
any time by updating this posting or otherwise posting the changes
to this Site. Accordingly, you should visit this Site from time to
time to review the then-current and effective terms and conditions
because they are binding on you. Certain provisions of these terms
and conditions may be superseded by expressly designated legal
notices or terms located on particular pages at this Site or in
conjunction with the Services. No delay or failure to take action
under such terms and conditions will constitute a waiver by Georgia
Industry Association unless expressly waived in writing by a duly
authorized officer of Georgia Industry Association. Subject to the
terms of Section 9 of this Agreement for this Site, this Agreement
constitutes the entire agreement between you and Georgia Industry
Association with respect to the specific subject matter addressed
herein, and governs your use of the Services, superseding any prior
agreements between you and Georgia Industry Association relating to
such subject matter, but this Agreement may be supplemented by any
other agreement you enter into with Georgia Industry Association
pursuant to a registration to access certain features of the Site.
If any provision of this Agreement 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 that the other provisions of this
Agreement remain in full force and effect. The section headings
used in this Agreement are for convenience only and have no legal
or contractual effect.
Without limiting the foregoing, Georgia Industry Association's
Services at the Site are not intended for use by or availability to
minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU
LIVE OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT ACCESS THE
SITE OR USE THE SERVICES. IF SO, PLEASE IMMEDIATELY DISCONTINUE USE
OF THE SERVICES AND DO NOT ACCESS THE SITE.
BY USING OR ACCESSING THIS SITE OR THE SERVICES, YOU ACKNOWLEDGE
THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY
THESE TERMS OF SERVICE.