FWOCGA Terms of Use

PLEASE READ THESE SITE TERMS OF USE (THESE “TERMS OF USE”) CAREFULLY BEFORE USING THE www.FWOCGA.org SITE (THE “SITE”). THE SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THESE TERMS OF USE. BY ACCESSING OR USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. “WE” OR “OUR” REFERS TO FWOCGA, INC. AND/OR ITS OFFICERS, EMPLOYEES AND AGENTS (“FWOCGA PARTIES”) AS OWNER AND OPERATOR OF THE SITE.

1. Use of this Site; No Users 13 and Under

These Terms of Use and the Privacy Policy govern your use of the Site and all services (collectively, “Services”) available via the Site. By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are 13 or under, do not use the Site without supervision of a parent or legal guardian.

2. Ownership of Intellectual Property

All materials, including images, text, illustrations, designs, icons, photographs, programs, written and other materials that are part of the Site (collectively, the “Content”) are intended solely for personal, non-commercial use in connection with the Services provided on the Site. No right, title or interest in any materials or software is transferred to you as a result of any use by you. You may not download, reproduce, publish, transmit, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content or the Site. The Content and software on this Site may be used only as an informational resource. Any other use, including the reproduction, modification, transmission, republication, display, or performance, of the Content on this Site is strictly prohibited. Our trademarks, service marks, names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the FWOCGA Parties (or its licensors), and no license is granted to you to use such marks in any manner. FWOCGA, Inc. claims service mark rights in the name “FWOCGA”.

3. Restrictions on Use

You agree not to violate or attempt to violate the security of the Site, or the rights of other users, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe or test the vulnerability of a network or to breach security without proper authorization; or (c) attempting to interfere with service to any user, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," or "crashing”. Violations of system or network security may result in civil or criminal liability. You further agree not to include another person’s email address or other contact information in any information submitted or provided by you to us, unless such person is an adult under applicable laws and you have the prior consent of such person, or if such person is not an adult, you are the legal guardian of such person.

4. Links to and from Other Sites

The Site may contain links to third-party Sites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to you and not as an endorsement by us of the content on such Linked Sites. We are not responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you do so at your own risk, and your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

5. Submissions/Comments

All reviews, comments, feedback, suggestions, ideas, and other submissions made or offered to us on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property in the Comments. As a result, we will own exclusively all such right, title and interest and will not be limited in any way in our use, commercial or otherwise, of any Comments, and we have no duty to pay you in connection with any such use.

6. Disclaimer of Warranties

THE SITE AND SERVICES, INCLUDING ALL CONTENT, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON- INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE FWOCGA PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE, SERVICES OR THE CONTENT AND FUNCTIONS RELATED THERETO (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE FWOCGA PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE SHALL NOT EXCEED US$100.00.

8. Changes to Terms of Use

We may make changes to these Terms of Use at any time in the future, and to the fullest extent permitted by law, your subsequent viewing of the Site will constitute your agreement to the changes. Where we make material changes, we will post a notice about the changes on the Site and otherwise notify you as required by applicable law.

9. Choice of Law

These Terms of Use, all matters arising from or relating to your use of the Site, and any and all claims arising out of your relationship with the FWOCGA Parties shall be governed by and in accordance with the laws of the State of Georgia, excluding its conflicts of laws provisions.

10. Choice of Forum; Limitations on Legal Actions.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE. You may not bring any action arising out of these Terms of Use or your use of the Site or the Services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

11. General Provisions

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any other agreement, policy or rule set forth on the Site, comprise the entire agreement between you and us and supersede all prior agreements or statements between us, written or oral, regarding the subject matter contained herein. These Terms of Use are binding upon and inure to the benefit of the respective successors and assigns of the parties. These Terms of Use are solely for the benefit of the FWOCGA Parties and its licensors and you, and may not be construed for the benefit of any third party.

Copyright © 2021 FWOCGA, Inc.