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.
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