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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