AGREEMENT BETWEEN USER AND GEORGIA PROGRAM FOR INFANT and TODDLER CARE (GAPITC) AND GEORGIA DEPARTMENT OF EARLY CARE AND LEARNING (DECAL)

The Georgia Program for Infant and Toddler Care (GAPITC) Web Site is comprised of various Web pages operated by GAPITC and Georgia Department of Early Care and Learning (DECAL).

The GAPITC and DECAL Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Use of the Web Site constitutes users agreement to all such terms, conditions, and notices.

User acknowledges the information, software, products, and services included in or available through the GAPITC and DECAL Web Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. GAPITC and DECAL and/or its suppliers may make improvements and/or changes in the GAPITC and DECAL Web Site at any time.

MODIFICATION OF THESE TERMS OF USE

GAPITC and DECAL reserves the right to change the terms, conditions, and notices under which the GAPITC and DECAL Web Site is offered, including but not limited to, the charges associated with the use of the GAPITC and DECAL Web Site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of use of the GAPITC and DECAL Web Site, user warrants to GAPITC and DECAL that user will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User may not use the Web Site in any manner, which could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.

USE OF COMMUNICATION SERVICES FOR PROPER INTENT

The GAPITC and DECAL Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), user agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, user agrees that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable Federal and/or State laws or regulations.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

GAPITC and DECAL has the absolute right to edit, refuse to post or to remove any information or materials, in whole or in part, in GAPITC AND DECAL’s sole discretion.

NO DUTY TO MONITOR

GAPITC and DECAL has no obligation to monitor the Communication Services. However, GAPITC and DECAL reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GAPITC and DECAL reserves the right to terminate user’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Necessary Disclosure

GAPITC AND DECAL’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GAPITC AND DECAL’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the GAPITC and DECAL Web Site or information provided to or gathered by GAPITC and DECAL with respect to such use. GAPITC and DECAL reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

User Postings

GAPITC and DECAL does not claim ownership of the materials user provides to GAPITC AND DECAL, including but not limited to: feedback and suggestions, posts, uploads, inputs and/or submits to any GAPITC and DECAL Web Site or its associated services (collectively “Submissions”). However, by providing a submission, user grants GAPITC AND DECAL, its affiliated companies, and necessary sublicenses permission to use user’s Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish user’s name in connection with user’s Submission.

No compensation will be paid with respect to the use of user’s Submission, as provided herein. GAPITC and DECAL is under no obligation to post or use any Submission user may provide and may remove any Submission at any time in GAPITC AND DECAL’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission user warrants and represents that user owns or otherwise controls all of the rights to user’s Submission as described in this section including, without limitation, all the rights necessary for user to provide, post, upload, input or submit the Submissions.

LINKS TO THIRD PARTY SITES

The GAPITC and DECAL Web Site may contain links to other Web Sites (Linked Sites). The Linked Sites are not under the control of GAPITC and DECAL and GAPITC and DECAL is not responsible for the contents of any Linked Site, including but not limited to, any link contained in a Linked Site, and any changes or updates to a Linked Site. GAPITC and DECAL is not responsible for webcasting or any other form of transmission received from any Linked Site. GAPITC and DECAL is providing these links to the user only as a convenience, and the inclusion of any link does not imply endorsement by GAPITC and DECAL of the site or any association with its operators.

INDEMNIFICATION

User agrees to hold GAPITC AND DECAL, its suppliers, its employees, agents, and any of its affiliated agencies harmless from any and all liability, claims, suits, demands, damages and legal fees made by a third party resulting from any intentional malfeasance or negligent act and or omission to act through content you post, send or receive using a “Communication Service” or any other “Service” provided by GAPITC and DECAL or any of it’s affiliated agencies.

Disclaimer of Warranties

GAPITC and DECAL and/or its suppliers make no representations as to the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the GAPITC and DECAL Web Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty and condition of any kind. GAPITC and DECAL and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied or express warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

GAPITC and DECAL unequivocally does not warrant any advice received via the GAPITC and DECAL Web Site. Users should not rely on the Web Site for any personal, medical, legal, or financial decisions. User should consult an appropriate professional for specific advice tailored to your situation.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall GAPITC and DECAL and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages without limitation for any costs incurred by, including but not limited to, loss of use, Data, or profits, arising out of or any way connected with the use or performance of the GAPITC and DECAL web site. Further, GAPITC and DECAL shall not be responsible for any aforementioned damages in conjunction with the delay or inability to use the GAPITC and DECAL web site or related services, the provisions of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Web Site, or otherwise arising out of the use of the Website. This limitation of liability shall be effective whether based on contract, tort, negligence, strict liability or otherwise, even if GAPITC and DECAL or any of its suppliers have been advised of the possibility of damages. Because some States/Jurisdictions do not allow for the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the user is dissatisfied with any portion of the Web Site, or with any of these terms, user’s sole and exclusive remedy is to discontinuing using the web site.

TERMINATION

GAPITC and DECAL reserves the right, in its sole discretion, to terminate user’s access to the Web Site and the related services or any portion thereof at any time, without notice.

CHOICE OF LAW

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia, U.S.A. and user hereby consent to the exclusive jurisdiction and venue of courts in Fulton County, Georgia, U.S.A. in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents are drawn up in English.

NO THIRD PART BENEFICIARY

User agrees that no third party beneficiary is created or implied as a result of this agreement or use of the Web Site.

NO BUSINESS RELATIONSHIP

User agrees that no joint venture, partnership, employment, or agency relationship exists between user and GAPITC and DECAL as a result of this agreement or use of the Web Site.

INTERGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GAPITC and DECAL with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. Any prior communications, whether electronic, oral or written is hereby null and void.

SEVERABILITY

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

COPYRIGHT

All contents of the Georgia Program for Infant and Toddler Care Web Site are: Copyright 2012 by GAPITC and DECAL and/or its suppliers. All rights reserved.