Disclaimer

TERMS OF USE

General Terms

Grant Street Group ("GSG") has been engaged to provide certain auction services through this BidGeorgia website ("BidGeorgia"). BidGeorgia is made available to participating buyers and sellers (each a "User" or "You") conditioned upon the User's acceptance of these Terms of Use (the "Terms"). You agree to read these Terms carefully before using BidGeorgia. By using BidGeorgia, You expressly agree to these Terms. These Terms are subject to change from time to time, and at any time without notice to You. Any changes will be incorporated into the Terms posted to BidGeorgia.

BidGeorgia, and the information provided on BidGeorgia, is provided "AS IS", without warranty whatsoever. GSG hereby disclaims any and all warranties with respect to BidGeorgia and the information provided on BidGeorgia, including without limitation any implied warranties of merchantability and/or fitness for a particular purpose.

BidGeorgia serves only as the medium through which solicitations/auctions are conducted. GSG is not liable or responsible for the terms, rates, settlement, collateral or any other condition by which any User offers or accepts funds. GSG is not acting as any User's principal or agent in any transaction agreed to through the use of BidGeorgia. GSG is not liable or responsible to any User or any third party for the accuracy of any User's postings or solicitations. In addition, GSG is not liable or responsible to any User or third party for the completion or settlement of transactions agreed to by Users. All Users are responsible for ensuring that their use of BidGeorgia is consistent with applicable laws and regulations. GSG accepts no responsibility to any User or third party for any User's compliance with such applicable laws and regulations. GSG disclaims any liability with regard to transactions resulting from the use of BidGeorgia. GSG is not responsible for resolving any disputes relating to any completed or uncompleted transaction initiated through BidGeorgia.

GSG will not be liable or responsible for any loss or damage that could result from interception by third parties of any information made available to Users via BidGeorgia. Nor will GSG be liable or responsible for any loss or damage that could result from any inadvertent disclosure of confidential information via BidGeorgia.

Neither GSG, nor any of its affiliates, directors, officers or employees, nor any third party vendor of GSG, will be liable or have any responsibility of any kind for any loss or damage that any User incurs in the event of any errors, failure or interruption of BidGeorgia. In addition, neither GSG, nor any of its affiliates, directors, officers or employees, nor any third party vendor of GSG, will be liable or have any responsibility of any kind for any loss or damage resulting from the act or omission of any other party involved in making BidGeorgia or the information contained therein available to Users, or from any other cause relating to a User's access to, inability to access, or use of, BidGeorgia or the information contained therein, whether or not the circumstances giving rise to such cause may have been within the control of GSG or of any vendor of GSG providing support services.

In no event will GSG, its affiliates, or its third party vendors be liable to any User for any direct, special, indirect, consequential, incidental, tort or any other damages of any kind (including without limitation damages or costs relating to the loss of profits, business, goodwill, data, or computer programs), even if GSG, its affiliates or its third party vendors have been advised of the possibility thereof.

Authorized Use and User Conduct

You agree that You will use BidGeorgia in a manner consistent with these Terms and other instructions posted on BidGeorgia. You agree not to interrupt or attempt to interrupt the operation of BidGeorgia in any way or to attempt to gain unauthorized access to BidGeorgia, any portion thereof, or to any other computer systems through BidGeorgia. You agree that You will not use BidGeorgia in any manner that could damage, disable, overburden or impair BidGeorgia or interfere with any other party's use of BidGeorgia. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by or provided through BidGeorgia. Unauthorized use of BidGeorgia, including but not limited to unauthorized entry or attempted entry into any systems, misuse of passwords, misuse of any information posted to BidGeorgia or illegal conduct is strictly prohibited. GSG reserves the right to prohibit access to anyone determined by GSG to be violating or attempting to violate these Terms.

User Account and Passwords

When You register to be able to use BidGeorgia, You will be issued an account, which will have a login ID and password. You are responsible for maintaining the confidentiality of Your login ID and password. You are solely responsible for all transactions, communications and acts or omissions that occur through the use of Your login ID and password by You or any person or entity using a password provided to You, whether or not such access or use has been authorized by You. You agree to ensure that You exit from your account at the end of each session. It is Your sole responsibility to control the dissemination and use of Your password and access to and use of Your account. GSG will not be responsible or liable for any loss or damage arising from Your failure to comply with this provision. If You believe that someone has accessed Your account on BidGeorgia without Your authorization, You should immediately contact GSG.

Intellectual Property

BidGeorgia contains copyrighted works, trademarks and other proprietary material owned by GSG. GSG owns all rights, title and interest in and to BidGeorgia, all the content, data and materials thereon (with the exception of your personal and account information), the look and feel, design and organization of BidGeorgia and the compilation of the content, data and materials on BidGeorgia, including, but not limited to, any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. You may not copy, reproduce, modify, create derivative works, publish, transmit, display, sublicense or distribute material or images from BidGeorgia without GSG's express written permission.

Miscellaneous

These Terms constitute the entire agreement regarding BidGeorgia, and supersede all prior or contemporaneous communications, whether electronic, oral or written between You and GSG with respect to BidGeorgia. These Terms are governed by and construed in accordance with the laws of the State of Georgia with specific venue being the Superior Court of Fulton County, without giving effect to any principles of conflicts of law. If a court determines that any term or condition in these Terms is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. GSG's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the subject provision, and the other provisions of these Terms shall remain in full force and effect.

Privacy and Confidentiality Policy ("Privacy Policy")

GSG will treat any personal information submitted on BidGeorgia as confidential. Except as may be required to effectuate transactions initiated through BidGeorgia or as may be required by law, GSG will not disclose any personal information submitted on BidGeorgia to any third party. As used in this Privacy Policy, the term "personal information" shall mean any information provided by an individual who uses BidGeorgia that consists of personal information about such individual, such as the individual's name, place of employment, employment address and telephone number.

GSG will treat the information submitted on BidGeorgia during the course of transactions conducted on BidGeorgia (the "information") as confidential. Except as provided in the Guidelines displayed on BidGeorgia, as amended from time to time (notice of any amendments to the Guidelines that affect confidentiality issues shall be delivered to all registered users of BidGeorgia and amendments shall only apply to information submitted after receipt of such notice), GSG will not disclose or otherwise make available the information in any form to any person except to (i) those employees and agents of GSG who need access to the information to facilitate the effectuation of transactions initiated through BidGeorgia; and (ii) those persons to whom disclosure may be required to effectuate transactions initiated through BidGeorgia.

Nothing herein shall be construed, however, to prohibit GSG from making any disclosures required of GSG pursuant to any legal process or request from any governmental authority having jurisdiction over GSG. The restrictions set forth in these Terms will not apply to information that (i) becomes generally available to the public other than as a result of a disclosure by GSG by its directors, officers, employees, agents or advisors, (ii) becomes available to GSG on a non-confidential basis from a source other than the User, provided that such information is not known by GSG to be subject to another confidentiality agreement, (iii) consists of general statistics related to the volume or type of transactions, and the number of entities participating in transactions conducted on BidGeorgia; or (iv) consists of solicitations or bids submitted on BidGeorgia by a User of BidGeorgia so long as the identity of such User is not disclosed in relation to such bids or solicitations.

Security

GSG utilizes security and encryption technology, including secure socket layer (SSL) protocol, that is consistent with industry accepted practices. GSG utilizes programs to monitor network traffic in order to identify unauthorized attempts to access BidGeorgia. GSG frequently monitors use of BidGeorgia in an effort to detect any suspicious activity and to maintain consistent quality of performance.

Protecting Your Information

GSG utilizes reasonable security technologies to protect Your confidential information. However, the security of this information depends on, among other things, the security of Your computer and the network it may be on, the security You use to protect Your confidential information, the security provided by Your Internet access services provider, the security of the means of transmission of data through the Internet and, more generally, on the effectiveness of the security technologies that are used to protect Your confidential information. Although GSG takes reasonable security precautions regarding information transmitted to and stored on BidGeorgia, due to the open nature of the Internet, GSG cannot guarantee that any information stored on GSG's servers, or transmitted to or from a User, will be free fro unauthorized access, and GSG disclaims any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using BidGeorgia, You acknowledge that You understand and agree to assume these risks.

In the unlikely event that GSG believes that the security of Your personal information in its possession or control may have been compromised, GSG may seek to notify You of that development. If a notification is appropriate, GSG will endeavor to do so as promptly as possible under the circumstances, and, to the extent we have Your e-mail address, GSG may notify You by e-mail. You consent to GSG's use of e-mail as a means of such notification.


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