Acceptance of Terms of Use
Please read through these Terms of Use carefully. By accessing and/or using this Northeast Georgia Mountain Travel Association’s website (the “Public Site”) or by otherwise accessing any content found on the Site, you are deemed to have entered into an agreement with Northeast Georgia Mountain Travel Association and to have agreed to be bound by the terms set out below.
This Site is owned and operated by Northeast Georgia Mountain Travel Association.
Intellectual Property Protection
The contents and design of the Site and any material electronically provided to you or otherwise supplied to you in conjunction with the Site (such content, design and materials being collectively referred to as the “NEGMTA Content”) are copyright of Northeast Georgia Mountain Travel Association and the other contributors to the Sites. You may not use or reproduce or allow anyone to use or reproduce any trademarks (such as the “Northeast Georgia Mountain Travel Association” name and logo or other trade names appearing on the Site) for any reason without written permission from Northeast Georgia Mountain Travel Association or the identified owner. The software which operates the Sites is proprietary software and you may not use it except as expressly allowed under these Terms of Use. You may not copy, reverse engineer, modify or otherwise deal with the software.
Use of NEGMTA Content
You may retrieve and display the NEGMTA Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the NEGMTA Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Northeast Georgia Mountain Travel Association:
- Reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the NEGMTA Content, or
- Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the NEGMTA Content (including use as part of any library, archive or similar service) without the prior written consent of Northeast Georgia Mountain Travel Association, or
- Remove the copyright or trademark notice from any copies of the NEGMTA Content made under these Terms of Use.
Any use of the NEGMTA Content not specifically permitted above is expressly prohibited.
Requests for permission for other uses may be sent to Northeast Georgia Mountain Travel Association, PO Box 464, Gainesville, GA 30503, Attention: General Counsel.
Third Party Transactions
You may use the Site to purchase products or services from Northeast Georgia Mountain Travel Association’s third party partners. In that event, your contract for such products will be with the third party partner and not with Northeast Georgia Mountain Travel Association.
Term and Termination
Northeast Georgia Mountain Travel Association may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use the NEGMTA Content) with cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of Northeast Georgia Mountain Travel Association provided in these Terms of Use or by law.
Changes to the Site
Northeast Georgia Mountain Travel Association reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the NEGMTA Content available on the Site at any time.
Registration, Passwords and Responsibilities
The Site is only open to you if you register and are a member of the Northeast Georgia Mountain Travel Association community (includes Northeast Georgia Mountain Travel Association members, chairs, speakers, Northeast Georgia Mountain Travel Association Associates or staff). You are solely responsible for the confidentiality and use of and access to the NEGMTA Content and the Member Site using your user name and password. You agree to immediately notify Northeast Georgia Mountain Travel Association if you become aware of any loss or theft of any your password or any unauthorized use of a password, user name, or of the NEGMTA Content or the Site. You will provide Northeast Georgia Mountain Travel Association with accurate, complete registration information (including your e-mail address) and inform Northeast Georgia Mountain Travel Association of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms of Use, Northeast Georgia Mountain Travel Association reserves the right to monitor and record activity on the Site, including access to the NEGMTA Content.
Each registration is for a single user only. You may not share your user name and password with any other person. Northeast Georgia Mountain Travel Association does not permit access through a single name and password being made available to multiple users on a network. Northeast Georgia Mountain Travel Association may cancel or suspend your access to the Site if you do this without further obligation to you.
Privacy Policy
The information that you provide about yourself to Northeast Georgia Mountain Travel Association will only be used in accordance with Northeast Georgia Mountain Travel Association’s Privacy Policy Statement.
Community Forums
The Site includes bulletin boards, discussion groups and other areas that allow interaction between members of the Northeast Georgia Mountain Travel Association community (“Forums”). While Northeast Georgia Mountain Travel Association does not control the information/materials posted to forums by users (“Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums in the event the Messages violate the rules set out below.
You are solely responsible for the content of your Messages. You must comply with any rules posted by Northeast Georgia Mountain Travel Association on a forum or feedback venue. You may not:
- Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which otherwise have the purpose of affecting the price or value of any security;
- Post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
- Post or otherwise publish any Messages that contain a virus or other harmful component;
- Disguise the origin of any Messages;
- Impersonate any person or entity (including Northeast Georgia Mountain Travel Association staff or other members of the Northeast Georgia Mountain Travel Association community) or misrepresent any affiliation with any person or entity;
- Post or otherwise publish any Messages unrelated to the forum, the forum’s topics or feedback subject;
- Knowingly post or transmit any messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
- Collect or store other users’ personal data;
- Restrict or inhibit any other user from using the Forums.
By submitting messages to any Forum or Feedback, you agree to indemnify and hold harmless Northeast Georgia Mountain Travel Association from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of these Terms of Use.
Forums and Feedback contain Messages submitted by users over whom Northeast Georgia Mountain Travel Association has no control. Northeast Georgia Mountain Travel Association cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and Feedback, and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.
It is not possible for Northeast Georgia Mountain Travel Association to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a Message infringes your legal rights, you should notify Northeast Georgia Mountain Travel Association immediately.
No Warranty, Disclaimer of Liability and Indemnity
While every effort has been made to ensure the high quality and accuracy of the Site, Northeast Georgia Mountain Travel Association makes no warranty, express or implied, concerning the NEGMTA Content, the Site, software, or products or services available through the Site (the “Site Services”), which are provided “as is.” Northeast Georgia Mountain Travel Association expressly disclaims all warranties, including but not limited to warranties, of fitness for a particular purpose and warranties of merchantability. In no event will Northeast Georgia Mountain Travel Association, its affiliates or other suppliers be liable for direct, special, incidental or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Northeast Georgia Mountain Travel Association has been advised of the possibility that such damages may arise. Northeast Georgia Mountain Travel Association does not guarantee the accuracy, content or timeliness of the NEGMTA Content or Site Services or that they or related systems are free from viruses or other contaminating or destructive properties.
In no event will any liability of Northeast Georgia Mountain Travel Association, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Site Services or breach of these Terms of Use by Northeast Georgia Mountain Travel Association exceed the amount, if any, paid by you to Northeast Georgia Mountain Travel Association in respect of the particular Site Service to which the claim relates or by way of membership dues.
Upon Northeast Georgia Mountain Travel Association’s request, you agree to defend, indemnify and hold harmless Northeast Georgia Mountain Travel Association from any claims and expenses, including reasonable legal fees, related to any breach of these Terms of Use by you or your use of any Site Services.
Force Majeure
Northeast Georgia Mountain Travel Association, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the NEGMTA Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Changes to These Terms
Northeast Georgia Mountain Travel Association may, in its discretion, change these Terms of Use (including those relating to your use of the Site and/or the NEGMTA Content). When the Terms of Use are changed, Northeast Georgia Mountain Travel Association will notify you by e-mail or by publishing details of those changes by including them in these Terms of Use. If you use the Site after Northeast Georgia Mountain Travel Association has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain the NEGMTA Content may be subject to additional terms and conditions.
Advertising, Third Party Content and Other Websites
Parts of the Site may contain third party content. Content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Northeast Georgia Mountain Travel Association is not responsible for any third party content. The Site may contain links to other websites. Northeast Georgia Mountain Travel Association is not responsible for the availability of these websites or their contents.
Assignment of Agreement
This agreement is personal to you and your rights and obligations under these Terms of Use may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Northeast Georgia Mountain Travel Association.
Non-Waiver
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices
Notices to Northeast Georgia Mountain Travel Association must be given in writing by letter and sent to Northeast Georgia Mountain Travel Association, PO Box 464, Gainesville, GA 30503, Attention: General Counsel.
Severability/Survival/Statute of Limitations
If any provision of these Terms of Use is invalid or unenforceable, such will not render all the Terms of Use unenforceable or invalid but rather the Terms of Use will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Gainesville, Georgia, USA, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Whole Agreement
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms of Use shall not apply.
Headings
Headings in these Terms of Use are for convenience only and have no legal meaning or effect.
Governing Law and Jurisdiction
These Terms of Use shall be governed by, and construed in accordance with, the law of the State of Georgia. The parties irrevocably agree that the courts of Georgia shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these Terms of Use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Georgia courts.
For the exclusive benefit of Northeast Georgia Mountain Travel Association, Northeast Georgia Mountain Travel Association shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms of Use are entered into in the course of your trade or profession, the country of your principal place of business.
The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to anyone younger than 18 and is offered only to users 18 years of age or older. Any person who provides their personal information through this Network represents that they are 18 years of age or older.
You agree that you will not post, email or make available any content or use this Network:
- In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
- In a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- To engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
- In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- In a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
- In a manner that is harmful to minors in any way;
- In a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
- To impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
- To interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons’ ability to use this Network;
- To use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy this Network or the content contained therein;
- To facilitate the unlawful distribution of copyrighted content;
- In a manner that includes personal or identifying information about another person without that person’s explicit consent;
- In a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
- In a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
- “Stalk” or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
- Post any content containing child pornography to this Network;
- Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any content that constitutes pornography, contains nudity, or is adult in nature.
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
- Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network’s infrastructure;
- Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
- Use this Network as a generic file hosting service;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.
To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines.
You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network’s online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.