Terms of Use Agreement
Disclaimers and Terms of Use
These Disclaimers and Terms of Use ("Terms") explain the contractual agreement between you and Georgia Press Association, Inc. ("GPA") regarding your use of the Public Notice Database www.georgiapublicnotice.com. And the public records within the Public Notice Database. GPA provides the Public Notice Database in an effort make public notices easily accessible in the State of Georgia. GPA provides access to the Public Notice Database free of charge to members of the public and at no additional cost to government agencies. GPA charges a fee only for enhanced search capabilities of the Public Notice Database by way of the "smart search" option.
1. ACCEPTING & UPDATING THESE TERMS
By using the Public Notice Database you agree to these Terms. GPA may update those Terms from time to time. The updated Terms shall be effective once posted. If you have any questions about these Terms or the Public Notice Database, please contact GPA at GeorgiaPublicNotice@gmail.com.
2. THIRD PARTY CONTENT
The Public Notice Database consists of public notices submitted by newspapers in Georgia. Because content is submitted by third parties directly, GPA exercises no control over that content or its accuracy, nor does GPA assume any responsibility for the timely publication of these notices. You agree that GPA shall not be responsible or liable for any loss caused or alleged in connection with the use or content of the Public Notice Database.
3. USE OF THE SITE AND CONTENT ON SITE
(A) GeorgiaPublicNotice.com grants you permission (which may be revoked at any time for any reason or no reason) to view this site and to download or print individual pages of this site solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such content.
No other use is permitted. You may not, for example, incorporate the content in any database, compilation, archive or cache. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, reuse, resell, trade, license, create derivative works from, transfer, sell, or otherwise exploit for any commercial purposes any information, software, products or services obtained from this site.
You may not engage in any screen scraping, database scraping, or spidering, or collection of personally identifiable information, or use of any other automated means to collect information from the site. You may not use any software, tool, or other device (such as browsers, spiders, or avatars) to search the site, other than the search functionality offered through the site or other generally available web crowsers. Any rights not expressly granted herein are reserved.
4. DISQUALIFICATION AND TERMINATION
You agree that GPA, in its sole discretion, may disqualify you from using the Public Notice Database if GPA believes that you have violated or acted inconsistently with the letter or spirit of the Terms or Georgia’s Public Notice laws. GPA shall not be liable to you or any third party for termination of your access to the Public Notice Database. Also, GPA may terminate a user’s smart search subscription, if that user fails to pay for this enhanced search feature.
GPA may terminate a user’s smart search subscription for any reason and refund the remaining prorated balance.
We reserve the right to block IP addresses that exhibit bot like activity including the opening of multiple legal notices in a manner inconsistent with average human data consumption.
5. PRIVACY
Except for smart search subscribers, GPA does not collect names or addresses of Public Notice Database users. Unless required by law, GPA does not disclose users' names, addresses, or other personally identifying information and does not sell, rent, or barter mailing lists of users.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE PUBLIC NOTICE DATABASE IS AT YOUR SOLE RISK. THE PUBLIC NOTICE DATABASE IS PROVIDED "AS IS." GPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION OBTAINED BY WAY OF THE PUBLIC NOTICE DATABASE SHALL CREATE ANY WARRANTY BINDING ON GPA.
7. INDEMNIFICATION
You agree to indemnify and hold GPA, and its subsidiaries, affiliates, agents or other partners, and employees, harmless for any claim, including reasonable attorneys' fees, made by any third party arising out of (a) your breach of any of your representations, warranties or obligations hereunder, (b) your use of the Public Notice Database.
8. ATTORNEYS' FEES
You agree that if the IPA brings a lawsuit against you for breach of these Terms and if IPA wholly or partly prevails in such lawsuit, you shall pay IPA its reasonable attorneys’ fees and costs incurred in connection with such lawsuit.
9. LIQUIDATED DAMAGES
You agree that if you violate the Terms, or you encourage or induce or otherwise aid and abet others to do so, you will be jointly and severally liable to IPA for liquidated damages as follows: (a) for incorporating the site content in any database, compilation, archive or cache--$100 per public notice affected or $10,000 per incident, whichever is greater; (b) modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, reusing, reselling, trading, licensing, creating derivative works from, transferring, selling, or otherwise exploiting for any commercial purposes any information, software, products or services obtained from this site--$100 per public notice affected or $10,000 per incident, whichever is greater; and/or (c) engaging in any screen scraping, database scraping, or spidering, or collection of personally identifiable information, or use of any other automated means to collect information from the site or using any software, tool, or other device (such as browsers, spiders, or avatars) to search the site, other than the search functionality offered through the site or other generally available web browsers--$100 per public notice affected or $10,000 per incident, whichever is greater. You will be liable for these damages or, if it can be calculated, the actual costs and actual damages for breach of these Terms, whichever is greater You agree these amounts are: (i) not a penalty, (ii) because actual damages can be difficult to calculate, a reasonable estimate of IPA’s damages, and (iii) do not otherwise limit IPA’s ability to recover under any legal theory or claim. You also agree that copying the public notices will irreparably harm IPA and entitle IPA to injunctive or equitable relief, in addition to monetary damages.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PUBLIC NOTICE DATABASE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PUBLIC NOTICE DATABASE; OR (d) ANY OTHER MATTER RELATING TO THE PUBLIC NOTICE DATABASE. UNDER NO CIRCUMSTANCES SHALL GPA BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, FROM THE USE OF, OR RELIANCE ON THE USE OF THE PUBLIC NOTICE DATABASE.
11. GOVERNING LAW & JURISDICTION
The Public Notice Database is compiled and made available to the public by GPA from its offices in Atlanta, Georgia, United States of America. If you choose to access this database from outside Georgia you alone are responsible for compliance with applicable local laws. Any legal dispute, claim or action against GPA relating to the Public Notice Database shall be governed by Georgia law and shall be adjudicated solely by arbitration under the Georgia Arbitration Code with the site of arbitration to be in either Fulton or DeKalb County, Georgia. If the parties cannot agree on an arbitrator, then either may petition the Superior Court of Fulton or DeKalb County for the appointment of an arbitrator.
12. OTHER GENERAL PROVISIONS
These Terms constitute the entire agreement between GPA and you and govern your use of the Public Notice Database, superseding any prior agreements between you and GPA. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in force. GPA's failure to act with respect to a breach by you or others does not waive GPA's right to act with respect to subsequent or similar breaches. By using the Public Notice Database, you represent that you can form legally binding contracts. These Terms and all writings incorporated by reference into the Terms set forth the entire agreement between us with respect to the Public Notice Database.