Terms of Service
1. Acceptance of Terms of
Use. Georgia Community Support and Solutions, Inc. (''GCSS'') provides its
on-line services and Web Site to you, the User, subject to this Terms of Service
Agreement (''TOS''). GCSS reserves the right to alter the TOS at any time
without notice to User. By using the GCSS web site, located at the
http://www.gacommunity.org, User agrees to abide buy this TOS Agreement.
2. On-line Services and
Disclaimer of Warranty. The GCSS web site provides on-line resources including,
but not limited to, on-line information regarding GCSS's services, community
programs, facilities, and on-line communities. Any new services, resources or
informational content added to the web site shall fall under the terms of this
TOS Agreement. The on-line resources, informational content, and software on
this web site is provided ''AS IS'', AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM
INTEGRATION, OR NON-INFRINGEMENT. GCSS assumes no responsibility for any data
loss or other loss suffered by any User of this web site. User is fully
responsible for maintaining its computer equipment and Internet access to use
the GCSS web site.
3. Informational content
supplied by Users. User understands that all information, computer files,
software, graphics, sound files, and text, whether publicly displayed by User on
the GCSS web site, or privately transmitted through the GCSS web site, are the
responsibility of the User from which such informational content has originated.
User is fully responsible for any and all informational content that user
uploads, posts, e-mails, or transmits using the GCSS web site. GCSS does not and
cannot control the informational content Users transmit through the GCSS web
site. Under no circumstances shall GCSS be held liable for User's exposure to
informational content that User deems offensive, indecent or objectionable.
Under no circumstances shall GCSS be held liable for any errors or omissions in
any informational content transmitted by Users.
4. User conduct. User agrees
to not use the GCSS web site to:
(a)
upload, post, or transmit any informational content that is unlawful, threatens
another person or entity, defamatory, vulgar, obscene, and/or libelous, or that
invades the privacy of another, or is otherwise objectionable;
(b) harm legal minors or
persons not legally competent to care for themselves;
(c) collect personal
information on, ''cyberstalk'' or harass another User, or engage in conduct that
negatively affects the on-line experience of another User;
(d) impersonate another
User, person, or entity, including any official or employee of GCSS;
(e) intentionally or
unintentionally violate any local, state, or federal law, including violations
of the Copyright Act;
(f) upload, post or transmit
any software or files that contain software viruses or other harmful computer
code;
(g) interfere with the
operation of GCSS's web servers or other computers or Internet or network
connections;
(h) upload, post or transmit
any informational content that is the copyrighted, patented or trademarked
intellectual property of another, or the trade secret of or confidential
information of another;
(i) upload, post or transmit
and unsolicited or unauthorized advertising, including ''spam'' or ''junk
mail.''
GCSS does not pre-screen
uploaded, posted or transmitted content, but GCSS reserves the right to inspect,
edit and delete any content that GCSSs knows, or has reason to know, has
violated this TOS Agreement. GCSS may disclose any informational content Users
post, upload or transmit to the GCSS web site, if such disclosure is necessary
to enforce this TOS Agreement, to respond to claims of intellectual property
infringement, to comply with legal process, or to protect the rights of GCSS,
GCSS employees or GCSS consumers, the public, or other Users.
5. Content submitted by
Users. GCSS does not claim ownership of any informational content submitted by
Users to the GCSS web site. User grants GCSS a non-exclusive, royalty free
license to use, distribute, reproduce, modify, and publicly display any
informational content submitted to the GCSS web site. This license exists only
so long as User allows its content to remain on the GCSS web site and will
terminate in the event that User removes such content.
6. Indemnity. You agree to
indemnify and hold GCSS, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from and against any
claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
7. No resale. User agrees
not to reproduce, copy, duplicate, or sell any portion of the GCSS web site.
8. Limits and modifications.
GCSS may establish without notice limits on the use of its web site, including
the maximum number of times Users may post to or participate in the on-line
communities, or to the number of times Users may access the GCSS web site. GCSS
reserves the right to modify any and all portions of the GCSS web site without
notice. Under no circumstances shall GCSS be liable to User or any other party
for such limits or modifications.
9. Third party advertisers.
GCSS may allow third party advertisers to advertise on the GCSS web site. GCSS
takes no responsibility for User's dealings with, including any on-line or other
purchases from, any third party advertisers. GCSS shall not be liable for any
loss or damage incurred by User in its dealings with third party advertisers,
and user assumes all risks associates with any such dealings.
10. Hyperlink policy. The
Georgia Community Support and Solutions, Inc. site contains hyperlinks to
other Internet sites not under the editorial control of Georgia Community
Support and Solutions, Inc. These hyperlinks are not express or implied
endorsements or approvals by Georgia Community Support and Solutions, Inc. , of
any products, services or information available from these sites.
11. GCSS's intellectual
property rights. User agrees not to distribute, license, or create derivative
works from any of GCSS's copyrighted or trademarked material, including graphic
files and software, available on the GCSS web site.
12. No warranties. THE
INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEB SITE IS PROVIDED ''AS
IS'' AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY
COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF
INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
13. Limitation of liability.
GEORGIA COMMUNITY SUPPORT AND SOLUTIONS, INC.'S MAXIMUM LIABILITY FOR ANY
INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION
RECEIVED (IF ANY). GEORGIA COMMUNITY SUPPORT AND SOLUTIONS, INC. IS NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS
OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH
MAY NOT APPLY TO YOU.
14. Notice. Notices may be
posted to the GCSS web site or e-mailed to Users using the e-mail address Users
submitted during the registration process.
15. General. This TOS
Agreement constitutes the entire agreement between you and GCSS and governs your
use of the GCSS web site. This TOS Agreement shall be governed by the laws of
the State of Georgia. User agrees to submit to the personal and exclusive
jurisdiction and venue of the courts located within the county of Fulton in the
State of Georgia. The failure of GCSS to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of this TOS 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 the other provisions of the TOS Agreement remain in full force
and effect. Any claim arising under the terms of this TOS Agreement must be
brought within one (1) year after such claim or cause of action arose or be
forever barred.
16. Violations. Please
report any known or suspected violations of the Terms of Use, including any
suspected copyright or trademark violations, to
GCSS.Webmaster@gacommunity.org.
17.
Your Consent.
By
becoming a donor or requesting information and services of GCSS, and/or by using
our Web site, you consent to the collection and use of the information you
provide to us as described above. If we make any material changes in our privacy
practices or in how we use your personally identifiable information, we will
post a prominent notice in GCSS’s newsletter and on our Web site prior to
implementation of the change.
18. If
you prefer not to receive member benefit offers or requests for donations,
please contact GCSS at 404-634-4222 extension 250; or e-mail us at
RSVP@Gacommunity.org; or
write us at 1945 Cliff Valley Way, Suite 220 Atlanta, Georgia 30329.