- Restrictions On Use Of Materials
Materials in this web site are copyrighted and all rights are reserved. Text, photos, graphics, databases, HTML and other code, and other intellectual property are protected by U.S. and international copyright laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without our explicit permission. The trade names, trademarks, copyrighted materials, and other intellectual property used on this site are owned by us or other owners and used with their permission under a license. You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to this Terms of Use. Unauthorized reproduction, transfer, and/or use may violate criminal and civil law. You are prohibited from placing or installing any portion of the information from this site on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without our express written authorization.
- Registrations And Other Sign-Ups
Using certain parts of this site may be restricted to users who have provided certain required information, and as part of that process, such users may have selected or been assigned a particular username and password under our username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree to treat as strictly private and confidential any information to which you have access through password-protected areas of our web site and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person. You agree that all actions taken by you, or any other user that accesses the site using your username and password, at or through the site will be attributed to and legally bind you, even regarding acts for which the user had no actual authority or made an error. You assume all resulting liability from the site and any services available on it by you or others using your username or password. You should retain any username and password in the strictest of secrecy. If you lose your username or password, please contact us at the address listed below. We may terminate or suspend your username and password and thus access to all or part of the non-public portions of the site, without notice, for any conduct we, in our sole discretion, believe violates this Terms of Use or any law, or for any act harmful to the interests of another user, service provider, us or any of our affiliates. Applicable sections of this Terms of Use will survive any termination or expiration of this Terms of Use.
- User Conduct
This site may contain forums, bulletin boards, blogs, news groups, and/or other message or communication facilities (“Communication Services”) that enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to such Communication Service. You are prohibited from submitting to, posting or transmitting through our web site (including, without limitation, using as a username) any unlawful, harmful, threatening, abusive, harassing, invasive of a person’s privacy, false, inaccurate, defamatory, vulgar, obscene, sexually oriented, profane, hateful, racially motivated, ethnically motivated, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, cause civil liability, or otherwise violate any local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, advertisements, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content. You also agree not to post any copyrighted material unless you own the copyright, or you have written consent from the owner of the copyrighted material. You remain solely responsible for the content of your messages, and you agree to defend, indemnify, and hold harmless us and our affiliates and any of our or their officers, directors, employees, or agents. We reserve the right to reveal your identity (or any information we have about you) if a complaint occurs or legal action arises from any information posted by you. Your computer IP address may be recorded with each post to identify you if you need to be banned from this site, or your ISP or authorities contacted. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or provided by third parties are those of the respective authors or distributors and not of us nor our affiliates, nor any of our or their officers, directors, employees, or agents. You acknowledge that we do not pre-screen all content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or move any content made available via the Communication Services. Without limiting the foregoing, we and our designees may remove any content that violates the Terms of Use or is otherwise objectionable.
- Prohibited Activities
These activities are prohibited: i. Using web-accelerated browsers or products or other applications capable of copying large portions of content from the site. We can detect the use of these systems through live log file analysis and will ban any future use by offenders. ii. Using robots and crawlers, or similar technology, without following industry standard robot guidelines. We can detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check our web site links, it must operate according to such guidelines. Do not leave new robots unattended and allow at least 1 minute between automated requests. iii. Using any device, software or routine or the like to interfere or attempt to interfere with any site functionality. iv. Taking any action that imposes an unreasonable or disproportionately large load on the site infrastructure. v. Using any email addresses appearing on the site or within the site’s HTML code for purposes not relating specifically to the site. vi. Accessing the site by any means other than through the interface provided by our public domain name, or attempting to access, or accessing, any area of the site to which your access is not authorized. vii. Reverse engineering, reverse assembling or otherwise attempting to discover any source code relating to the site, except if such activity is permitted by law notwithstanding this limitation.
- Links To Third Party Sites
We do not endorse the content on any third-party web site, including web sites of any entities deemed our affiliates (“Third-Party Sites”). We are not responsible for the content of Third-Party Sites you reach through links on this site, sites framed within this site, or third-party advertisements on this site, and we make no representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms of use for such sites. Any transaction you conduct at a Third-Party Site will be between you and the party providing that web site; we are not your agent and are not a party to any transaction at a Third-Party Site.
- Site Information Disclaimer
Facts and information on this web site are believed to be accurate when they are placed on the web site. Changes may be made at any time without prior notice. All data provided on this web site is to be used for information only. The information on this web site is not intended to provide specific legal, financial or tax advice, or any other advice, for any individual or company and should not be relied upon in that regard. The services described on this web site are only offered in jurisdictions where they may be legally offered. Information provided on our web site is not all-inclusive and is limited to information made available to us, and such information should not be relied upon as all-inclusive or accurate. Photos used on this web site may be “stock photography”, meaning we purchased or otherwise were granted a license to use such photographs and that the photos have no actual relationship with us or our business. For example, some such “stock photography” may create a visual representation of a concept.
- Disclaimer Of Warranties And Limitation Of Liability
ALL CONTENT AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY US AND OUR AFFILIATES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND WE AND OUR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS TERMS OF USE WITH UNITED STATES FEDERAL OR STATE LAWS, OR INTERNATIONAL LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY US FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Indemnity And General Applicability Of Indemnification
You agree to defend, indemnify, and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages with your breach of this Terms of Use. You may settle no dispute without our prior consent, which may only be given in a non-electronic writing signed by our authorized representative. In all places in this site where you agree to defend, indemnify and hold us harmless, you agree to also defend, indemnify and hold harmless all of our affiliates and the officers, directors, employees, or agents of such affiliates and of us.
- Governing Law And Disputes
The Terms of Use and using this site are governed by, construed by and enforceable under the laws of Arizona, as it is applied to agreements entered into and to be performed entirely within such jurisdiction, without regard to principles of conflict of laws. All matters pertaining to this web site are controlled, operated, and administered entirely within Arizona. To the extent you have in any manner violated or threatened to violate our and/or our affiliates’ intellectual property rights, we and/or our affiliates may seek injunctive or other relief in any state or federal court in the State of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: We agree to first try to resolve it through a mutually agreed-upon mediator in a location chosen by us in Maricopa County, Arizona. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in a location chosen by us in Maricopa County, Arizona, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
- Electronic Notices And Other Communications
You agree that all your transactions relating to this site may, at our option, be conducted electronically, including any we are otherwise required to provide in “writing”. We may send you notices via postings at the site or via email to any email address you provide to us. If you do not wish to deal with us electronically, you should not use the site or agree to the Terms of Use. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee. Notice will be deemed given 24 hours after the email is sent, unless we are notified that the email address is invalid. We may give you notice by postal mail to any address you provided. If no valid means of notice is provided by you, failed notice attempts will constitute valid notice for all legal purposes.
- Amendments
The then current Terms of Use will apply to every access to our site and any alias site. We reserve the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site. That version will then apply to all use by you following the date of publication. Each access of information from our site will be a separate and discrete transaction based on the then prevailing terms. You agree to be bound by any such changes. If you do not agree to be bound by the changes, you should not use the site again and cancel any registrations, subscriptions or other sign-ups originally performed on the site. Even if you have not clicked on any “I Agree” or similar button or checked any “I Agree” or similar box when providing your information, if you use the site after you have been notified of a change to the Terms of Use, you are agreeing now to be bound by that change.
- Termination
These Terms of Use are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under this agreement or otherwise. This agreement will terminate immediately without notice at our sole discretion should you violate any term or provision. Upon termination, you must destroy all materials obtained from this site and any other related site(s) and all copies thereof, whether made under this agreement or otherwise.
- Assignment
None of your rights under the Terms of Use or other portions of this site are assignable, and you agree not to assign any such rights without the physical written consent of an authorized representative of us in a non-electronic record, and any assignment without our consent will be voidable at our option. Subject to the foregoing, the Terms of Use will inure to the benefit of and bind the parties’ respective successors and permitted assigns.
- Representations And Warranties
You represent and warrant to us that: (a) you possess the legal right and ability to enter into this Terms of Use; (b) all information submitted by you to the site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the site for any purpose that is unlawful or prohibited by the Terms of Use.
- General
The Terms of Use (along with any documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of the Terms of Use may be waived by us except in a non-electronic writing signed by our authorized representative. If any provision of the Terms of Use is found by a court of competent jurisdiction to be void or unenforceable in whole or in part, the remaining provisions shall not be affected and will remain in full force and effect. Our failure to act regarding a breach by you or others does not waive our right to act regarding subsequent or similar breaches. You agree that no joint venture, partnership, employment, agency, or other legal relationship (other than as contracting parties) exists between you and us or our affiliates because of the Terms of Use or your use of the site.
- Contact Us
To contact us for general inquiries, please use the “Contact Us” section on our web site. If you have any questions regarding the privacy policy or terms of use, you may contact us using the information below.
www.wganow.com
Shawn Lee
Chief Operating Officer
United States
shawn@winslowga.org
Last Edited on 2020-03-25