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Terms of Use
Welcome to GABAR.ORG (the "Web Site"), a web site accessible free of
charge to the general public with Internet access. The Web
Site and its contents and related services are owned and administered
by the State Bar of Georgia ("State Bar").
By
accessing and using the Web Site, or otherwise availing yourself of the
services and information offered through the Web Site, You the "User"
agree to be bound by these Terms of Service And Purchases
(hereinafter "Terms of Service" or "Agreement") in effect at the time
of each such access or other use of the Web
Site.
You also acknowledge that the State Bar may,
from time to time, in its sole discretion and without notification to
you, modify these Terms of Service. It is your responsibility
to apprise yourself of any such revision or modifications each time you
visit or use the Web Site. If you do not so agree, you are
not authorized to access or use the Web Site in any manner, and you
must exit the Web Site immediately.
I.
OVERVIEW
The State Bar Web Site was founded in June
of 1996 as a public resource of general information which is intended,
but not promised or guaranteed, to be correct, complete, and
up-to-date. This Web Site is not intended to be a source of legal
advice; thus you should not rely on information provided herein, and
should always seek the advice of competent counsel in your home
state.
The features and information that you may
avail yourself of via the Web Site are collectively referred to herein
as the "Services." The various products that, at any given
time, are featured and/or may be purchased via the Web Site are
collectively referred to herein as the
"Products."
II. TERMS AND
CONDITIONS
A. User to Provide Internet
Access
In order to access the Web Site and/or use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
B. Web Site Intended for Adults
You must be eighteen years old or older to purchase any Product via the Web Site.
C. Accessibility and Availability
The State Bar makes no guarantees regarding the availability of the Web Site or the Services (including the availability of any given Products). Furthermore, the State Bar reserves the right, within its sole discretion, to discontinue the Web Site or Services and/or modify the contents of the Web Site or the terms of the Services as it sees fit, including but not limited to the Product prices, Product descriptions, available Products, and other e-commerce related information and/or functionality. You agree that the State Bar will not be liable to you for any such discontinuance or modification of the Web Site or the Services.
D. Authorized Use
The State Bar grants you a limited license to access and make personal use of the Web Site for purposes and uses that are legal and that are otherwise permitted by these Terms of Service. Other than page caching, you are not authorized to download or modify the Web Site or any portion of it, except with express written consent of the State Bar. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of any third-party; or any use of data mining, robots, spiders, crawlers, or similar data gathering and extraction tools. Furthermore, you may not post or transmit through the Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Web Site in any way that restricts or inhibits any other Web Site user from using or enjoying the Web Site consistent with the letter and intent of these Terms of Service.
Any unauthorized use terminates the permission or license granted by the State Bar in relation to the Web Site.
E. Linking (To & From) The Web Site; Advertisers
In order to access the Web Site and/or use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
B. Web Site Intended for Adults
You must be eighteen years old or older to purchase any Product via the Web Site.
C. Accessibility and Availability
The State Bar makes no guarantees regarding the availability of the Web Site or the Services (including the availability of any given Products). Furthermore, the State Bar reserves the right, within its sole discretion, to discontinue the Web Site or Services and/or modify the contents of the Web Site or the terms of the Services as it sees fit, including but not limited to the Product prices, Product descriptions, available Products, and other e-commerce related information and/or functionality. You agree that the State Bar will not be liable to you for any such discontinuance or modification of the Web Site or the Services.
D. Authorized Use
The State Bar grants you a limited license to access and make personal use of the Web Site for purposes and uses that are legal and that are otherwise permitted by these Terms of Service. Other than page caching, you are not authorized to download or modify the Web Site or any portion of it, except with express written consent of the State Bar. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of any third-party; or any use of data mining, robots, spiders, crawlers, or similar data gathering and extraction tools. Furthermore, you may not post or transmit through the Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Web Site in any way that restricts or inhibits any other Web Site user from using or enjoying the Web Site consistent with the letter and intent of these Terms of Service.
Any unauthorized use terminates the permission or license granted by the State Bar in relation to the Web Site.
E. Linking (To & From) The Web Site; Advertisers
1.
Linked-To Sites
The State Bar may, from time to time, provide via the Web Site, links to other World Wide Web sites or resources and/or advertisements or other such promotional materials for third-parties. Because The State Bar has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, You acknowledge and agree that the State Bar is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered via these third-party sites. Accordingly, you acknowledge and agree that the State Bar shall not be responsible or liable to you in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to web sites and/or the quality of any goods or services offered by or through any linked-to third-party site.
The State Bar will be pleased to provide links to Web sites for law resources of interest to Georgia lawyers, law firms, or the public; however, the State Bar does not intend such links to be referrals or endorsements of the linked entities, and the State Bar does not endorse or approve any lawyer referral service that is not properly registered with the State Bar. The State Bar can be contacted at 404-527-8720 for inquiries regarding whether any lawyer referral service is approved. The State Bar will gladly remove any link from this Web Site upon request from the linked entity.
2. Links To GABAR.ORG From Other Sites
Unless otherwise authorized in writing by the State Bar, neither you nor any other third-party is authorized to "deep link" to any web page contained in the Web Site (i.e., no links are permitted under any circumstances from third-party web sites to GABAR.ORG web pages other than the GABAR.ORG home page). Such links are expressly prohibited. The State Bar may grant link permission to any entity whose Web content is not in violation of any local, state, or federal law, or any State Bar rule, regulation, or policy, and may in its discretion reject a link request and/or request any entity linking to this site to remove its link. This Web Site is not sponsored or associated with any particular linked entity unless stated so by that entity; and the existence of any particular link is simply intended to imply potential interest to the reader.
The State Bar may, from time to time, provide via the Web Site, links to other World Wide Web sites or resources and/or advertisements or other such promotional materials for third-parties. Because The State Bar has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, You acknowledge and agree that the State Bar is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered via these third-party sites. Accordingly, you acknowledge and agree that the State Bar shall not be responsible or liable to you in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to web sites and/or the quality of any goods or services offered by or through any linked-to third-party site.
The State Bar will be pleased to provide links to Web sites for law resources of interest to Georgia lawyers, law firms, or the public; however, the State Bar does not intend such links to be referrals or endorsements of the linked entities, and the State Bar does not endorse or approve any lawyer referral service that is not properly registered with the State Bar. The State Bar can be contacted at 404-527-8720 for inquiries regarding whether any lawyer referral service is approved. The State Bar will gladly remove any link from this Web Site upon request from the linked entity.
2. Links To GABAR.ORG From Other Sites
Unless otherwise authorized in writing by the State Bar, neither you nor any other third-party is authorized to "deep link" to any web page contained in the Web Site (i.e., no links are permitted under any circumstances from third-party web sites to GABAR.ORG web pages other than the GABAR.ORG home page). Such links are expressly prohibited. The State Bar may grant link permission to any entity whose Web content is not in violation of any local, state, or federal law, or any State Bar rule, regulation, or policy, and may in its discretion reject a link request and/or request any entity linking to this site to remove its link. This Web Site is not sponsored or associated with any particular linked entity unless stated so by that entity; and the existence of any particular link is simply intended to imply potential interest to the reader.
F. Privacy
Policy
The Web Site Privacy Policy shall govern the maintenance and use by GABAR.ORG of all User-provided information and is hereby incorporated by reference as a part of these Terms of Service as if set forth herein in full.
G. Prohibition Against Harmful Transmissions
You agree that you will not upload, post, e-mail, or otherwise transmit to the Web Site or to any other User any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
H. Standard Warranties And Limitations of Liability
The Web Site Privacy Policy shall govern the maintenance and use by GABAR.ORG of all User-provided information and is hereby incorporated by reference as a part of these Terms of Service as if set forth herein in full.
G. Prohibition Against Harmful Transmissions
You agree that you will not upload, post, e-mail, or otherwise transmit to the Web Site or to any other User any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
H. Standard Warranties And Limitations of Liability
1. Georgia
Bar Warranties
NEITHER THE STATE BAR NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE DISTRIBUTED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER THE STATE BAR NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICES OR ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF STATE BAR PRODUCTS VIA THE WEB SITE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Limitation Of Liability
THE STATE BAR SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEB SITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. THE STATE BAR SHALL HAVE NO LIABILITY WITH RESPECT TO THE STATE BAR'S OBLIGATIONS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEB SITE OR ANY WEB SITE PURCHASE MADE BY OR FOR YOU FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF THE STATE BAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF THE STATE BAR TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF PRODUCTS VIA THE INTERNET, THE COST OF SUCH DISPUTED PRODUCTS (i.e., THE AMOUNT YOU PAID TO THE STATE BAR FOR SUCH PRODUCTS). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
3. Contents of GABAR.ORG Not Legal Advice
The State Bar presents the information on the Web Site as a service to its members and other Internet users. While the information on the Web Site may concern legal issues, it is not legal advice. Moreover, due to the rapidly changing nature of the law and reliance on information provided by outside sources, the State Bar makes no warranty or guarantee concerning the accuracy or reliability of the content on the Web Site or any other sites linked to from the Web Site. If you have specific questions related to information available on the Web Site, You are encouraged to consult an attorney who can investigate the particular circumstances of your situation.
NEITHER THE STATE BAR NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE DISTRIBUTED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER THE STATE BAR NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICES OR ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF STATE BAR PRODUCTS VIA THE WEB SITE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Limitation Of Liability
THE STATE BAR SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEB SITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. THE STATE BAR SHALL HAVE NO LIABILITY WITH RESPECT TO THE STATE BAR'S OBLIGATIONS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEB SITE OR ANY WEB SITE PURCHASE MADE BY OR FOR YOU FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF THE STATE BAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF THE STATE BAR TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF PRODUCTS VIA THE INTERNET, THE COST OF SUCH DISPUTED PRODUCTS (i.e., THE AMOUNT YOU PAID TO THE STATE BAR FOR SUCH PRODUCTS). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
3. Contents of GABAR.ORG Not Legal Advice
The State Bar presents the information on the Web Site as a service to its members and other Internet users. While the information on the Web Site may concern legal issues, it is not legal advice. Moreover, due to the rapidly changing nature of the law and reliance on information provided by outside sources, the State Bar makes no warranty or guarantee concerning the accuracy or reliability of the content on the Web Site or any other sites linked to from the Web Site. If you have specific questions related to information available on the Web Site, You are encouraged to consult an attorney who can investigate the particular circumstances of your situation.
I. Indemnification
You agree to indemnify, defend, and hold harmless the State Bar, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of your representations, warranties, or agreements hereunder; and/or (ii) arises out of your negligence, willful misconduct, or other breach of this Agreement.
J. Severability
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions, or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
K. Entire Agreement
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between you and the State Bar. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.
L. Choice of Law
This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the State of Georgia.
M. Choice of Venue and Acknowledgement of Personal Jurisdiction
Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the United States District Court for the Northern District of Georgia or, if that court lacks subject matter jurisdiction, the Superior Court of Fulton County. By accessing and using the Web Site, You submit to personal jurisdiction in Georgia in any action by the State Bar against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
N. Headings for Convenience Only
The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
O. Waiver
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
P. Georgia Bar Marks
The Web Site contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music, and sound. The entire contents of the Web Site are copyrighted as a collective work under the United States copyright laws. The State Bar owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the State Bar and the copyright owner, if other than the State Bar. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Web Site.
The following trademarks and service marks, along with other Georgia Bar logos and product and service names are trademarks of the State Bar. Without the owner's prior written permission, you agree not to display or use in any manner, the State Bar Marks in any manner not permitted by the applicable state and U.S. laws or as otherwise expressly allowed by these Terms of Service.
Q. Copyright Complaints
The State Bar respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately in writing (via certified mail, return receipt requested, or via overnight delivery service) at the contact address set forth below.
R. Contact
Please direct all inquiries and other communications relating to the Web Site and/or the Services to:
Sarah Coole
Communications Director
State Bar of Georgia
104 Marietta Street, NW, Suite 100
Atlanta, Georgia 30303
S. Local Law
You warrant and agree that your access to and use of the Web Site is in compliance with the laws governing such access, use, and related conduct in your geographic region.
T. Prohibited Conduct
Use of this Web Site or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, the State Bar may immediately issue a warning and/or temporarily or indefinitely suspend or terminate your privilege to use and access the Web Site if you: (1) breach this Agreement; and/or (2) take actions that the State Bar believes may result in legal liability for you, for the State Bar, or for other Web Site users.
You agree to indemnify, defend, and hold harmless the State Bar, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of your representations, warranties, or agreements hereunder; and/or (ii) arises out of your negligence, willful misconduct, or other breach of this Agreement.
J. Severability
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions, or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
K. Entire Agreement
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between you and the State Bar. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.
L. Choice of Law
This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the State of Georgia.
M. Choice of Venue and Acknowledgement of Personal Jurisdiction
Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the United States District Court for the Northern District of Georgia or, if that court lacks subject matter jurisdiction, the Superior Court of Fulton County. By accessing and using the Web Site, You submit to personal jurisdiction in Georgia in any action by the State Bar against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
N. Headings for Convenience Only
The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
O. Waiver
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
P. Georgia Bar Marks
The Web Site contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music, and sound. The entire contents of the Web Site are copyrighted as a collective work under the United States copyright laws. The State Bar owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the State Bar and the copyright owner, if other than the State Bar. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Web Site.
The following trademarks and service marks, along with other Georgia Bar logos and product and service names are trademarks of the State Bar. Without the owner's prior written permission, you agree not to display or use in any manner, the State Bar Marks in any manner not permitted by the applicable state and U.S. laws or as otherwise expressly allowed by these Terms of Service.
Q. Copyright Complaints
The State Bar respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately in writing (via certified mail, return receipt requested, or via overnight delivery service) at the contact address set forth below.
R. Contact
Please direct all inquiries and other communications relating to the Web Site and/or the Services to:
Sarah Coole
Communications Director
State Bar of Georgia
104 Marietta Street, NW, Suite 100
Atlanta, Georgia 30303
S. Local Law
You warrant and agree that your access to and use of the Web Site is in compliance with the laws governing such access, use, and related conduct in your geographic region.
T. Prohibited Conduct
Use of this Web Site or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, the State Bar may immediately issue a warning and/or temporarily or indefinitely suspend or terminate your privilege to use and access the Web Site if you: (1) breach this Agreement; and/or (2) take actions that the State Bar believes may result in legal liability for you, for the State Bar, or for other Web Site users.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITE IN ANY WAY. YOU MUST EXIT THE WEB SITE IMMEDIATELY.