Terms of Use
Acceptance of Terms of Use
Please read through these Terms of Use carefully. By accessing and/or using Dahlonega Network’s Web site at www.DahlonegaNetwork.com
(the “Public Site”) or by otherwise accessing any content found on the
Site, you are deemed to have entered into an agreement with
Dahlonega Network, Inc. and to have agreed to be bound by the terms set
out below.
The Site is owned and operated by Dahlonega Network, Inc.
Intellectual Property Protection
The contents and design of the Sites and any material electronically
provided to you or otherwise supplied to you in conjunction with the
Sites (such contents, design and materials being collectively referred
to as the "Dahlonega Network Content"), are copyright of Dahlonega Network,
Inc. and the other contributors to the Sites. You may not use or
reproduce or allow anyone to use or reproduce any trade marks (such as
the “Dahlonega Network” name and logo or other trade names appearing on
the Sites) for any reason without written permission from
Dahlonega Network, Inc. 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 Dahlonega Network Content
You may retrieve and display
the Dahlonega Network 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 Dahlonega Network 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 Dahlonega Network:
- reproduce or store in or transmit to any
other Web site, 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 Dahlonega Network 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 Dahlonega Network Content (including use as part of any
library, archive or similar service) without the prior written consent
of Dahlonega Network, or
- remove the copyright or trade mark notice from any copies of the Dahlonega Network Content made under these Terms of Use.
Any use of the Dahlonega Network Content not specifically permitted above is expressly prohibited.
Requests for permission for other uses may be sent to Dahlonega Network, <Client Address>, Attention: General Counsel.
Third Party Transactions
You may use the Site to purchase products or services from
Dahlonega Network's third party partners. In that event, your contract for
such products will be with the third party partner and not with
Dahlonega Network.
Term and Termination
Dahlonega Network may, in its discretion,
terminate or suspend your access to all or part of the Sites (including
any right to access and use the Dahlonega Network Content) with cause by
delivering notice to you.
The rights of termination are in addition to all other rights or
remedies of Dahlonega Network provided in these Terms of Use or by law.
Changes to the Sites
Dahlonega Network reserves the right, in
its discretion, to suspend, change, modify, add or remove portions of
the Dahlonega Network 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 Dahlonega Network
community (includes Dahlonega Network members, chairs, speakers,
Dahlonega Network Associates or staff). You are solely responsible for the
confidentiality and use of and access to the Dahlonega Network Content and
the Member Site using your user name and sign-on password. You agree to
immediately notify Dahlonega Network if you become aware of any loss or
theft of any sign-on password or any unauthorized use of a sign-on
password, user name, or of the Dahlonega Network Content or the Sites. You
will provide Dahlonega Network with accurate, complete registration
information (including in particular your e-mail address) and inform
Dahlonega Network of any changes to such information. For the purpose of
confirming your compliance with the terms of these Terms of Use,
Dahlonega Network reserves the right to monitor and record activity on the
Site, including access to the Dahlonega Network Content.
Each registration is for a single user only. You may not share your
user name and password with any other person. Dahlonega Network does not
permit access through a single name and password being made available
to multiple users on a network. Dahlonega Network may cancel or suspend
your access to the Sites if you do this without further obligation to
you.
Privacy Policy
The information that you provide about
yourself to Dahlonega Network will only be used in accordance with
Dahlonega Network's Privacy Policy Statement.
Community Forums
The Site includes bulletin boards,
discussion groups and other areas that allow and interaction between
members of the Dahlonega Network community ("forums"). While
Dahlonega Network does not control the information/materials posted to
forums by users (the "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 Dahlonega Network 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 Dahlonega Network staff or other members
of the Dahlonega Network 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 Dahlonega Network 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
Dahlonega Network has no control. Dahlonega Network 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 Dahlonega Network 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 Dahlonega Network immediate.
No Warranty, Disclaimer of Liability and Indemnity
While
every effort has been made to ensure the high quality and accuracy of
the Sites, Dahlonega Network makes no warranty, express or implied
concerning the Dahlonega Network Content, the Sites, software or products
or services available through the Sites (the "Site Services"), which
are provided "as is". Dahlonega Network expressly disclaims all
warranties, including but not limited to warranties of fitness for a
particular purpose and warranties of merchantability. In no event will
Dahlonega Network, 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 Dahlonega Network has been advised
of the possibility that such damages may arise. Dahlonega Network does not
guarantee the accuracy, content, or timeliness of the Dahlonega Network
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 Dahlonega Network, 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
Dahlonega Network exceed the amount, if any, paid by you to Dahlonega Network
in respect of the particular Site Service to which the claim relates or
by way of membership dues.
Upon Dahlonega Network's request, you agree to defend, indemnify and
hold harmless Dahlonega Network 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
Dahlonega Network, 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 Dahlonega Network 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
Dahlonega Network may, in its
discretion, change these Terms of Use (including those relating to your
use of Sites and/or the Dahlonega Network Content). When the Terms of Use
are changed, Dahlonega Network 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 Sites after Dahlonega Network 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 Sites
any further after they are published. Access to certain the
Dahlonega Network Content may be subject to additional terms and
conditions.
Advertising, Third Party Content and other Web sites
Parts
of the Site may contain third party content. Content providers are
responsible for ensuring that material submitted for inclusion on the
Sites complies with international and national law. Dahlonega Network is
not responsible for any third party content. The Sites may contain
links to other Web sites. Dahlonega Network is not responsible for the
availability of these Web sites 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 Dahlonega Network.
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 Dahlonega Network must be given in writing
by letter and sent to Dahlonega Network’s last known place of business in
<Client City, ST> (for the attention of the 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 <Client City, ST>, 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
California. The parties irrevocably agree that the courts of San Diego,
California 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 San Diego, California courts.
For the exclusive benefit of Dahlonega Network, Dahlonega Network 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.