Acceptance of Terms of Use
Please read through these Terms of
Use carefully. By accessing and/or using No One Alone’s Web site at www.noonealone.org (the “Public Site”) or by otherwise
accessing any content found on the Site, you are deemed to have entered into an
agreement with No One Alone (NOA) and to have agreed to be bound by the terms
set out below.
The Site is owned and operated by NOA's Ark, Inc..
Intellectual Property Protection
The contents and design of the
Sites and any material electronically provided to you or otherwise supplied to
you in conjunction with the Sites (such contents, design and materials being
collectively referred to as the "NOA Content"), are copyright of NOA, Inc. and
the other contributors to the Sites. You may not use or reproduce or allow
anyone to use or reproduce any trade marks (such as the “NOA” name and logo or
other trade names appearing on the Sites) for any reason without written
permission from NOA, Inc. or the identified owner. The software which operates
the Sites is proprietary software and you may not use it except as expressly
allowed under these Terms of Use. You may not copy, reverse engineer, modify or
otherwise deal with the software.
Use of NOA Content
You may retrieve and display the NOA Content on
a computer screen, print individual pages on paper (but not photocopy them) and
store such pages in electronic form on your computer for your personal,
non-commercial use. Except as expressly set out above, you may not reproduce,
modify or in any way commercially exploit any of the NOA Content. In particular,
but without limiting the general application of the restrictions contained in
the preceding sentence, you may not do any of the following without prior
written permission from NOA:
- reproduce or store in or transmit to any other Web site, newsgroup, mailing
list, electronic bulletin board, server or other storage device connected to a
network or regularly or systematically store in electronic or print form, all or
any part of the NOA Content, or
- modify, publish, transmit, participate in the transfer or sale of,
reproduce, create derivative works from, distribute, perform, display, or in any
way exploit all or any part of the NOA Content (including use as part of any
library, archive or similar service) without the prior written consent of NOA,
or
- remove the copyright or trade mark notice from any copies of the NOA Content
made under these Terms of Use.
Any use of the NOA Content not specifically permitted above is expressly
prohibited.
Requests for permission for other uses may be sent to NOA, PO Box 685,
Dahlonega, GA 30533, Attention: General Counsel.
Third Party Transactions
You may use the Site to purchase products
or services from NOA's third party partners. In that event, your contract for
such products will be with the third party partner and not with NOA.
Term and Termination
NOA may, in its discretion, terminate or
suspend your access to all or part of the Sites (including any right to access
and use the NOA Content). The rights of
termination are in addition to all other rights or remedies of NOA provided in
these Terms of Use or by law.
Changes to the Sites
NOA reserves the right, in its discretion, to
suspend, change, modify, add or remove portions of the NOA Content available on
the Site at any time.
Privacy Policy
The information that you provide about yourself to
NOA will only be used in accordance with NOA's Privacy Policy Statement.
No Warranty, Disclaimer of Liability and Indemnity
While every
effort has been made to ensure the high quality and accuracy of the Sites, NOA
makes no warranty, express or implied concerning the NOA Content, the Sites,
software or products or services available through the Sites (the "Site
Services"), which are provided "as is". NOA expressly disclaims all warranties,
including but not limited to warranties of fitness for a particular purpose and
warranties of merchantability. In no event will NOA, its affiliates or other
suppliers be liable for direct, special, incidental, or consequential damages
(including, without limitation, damages for loss of business profits, business
interruption, loss of business information or other pecuniary loss) arising
directly or indirectly from the use of (or failure to use) or reliance on the
Site Services, even if NOA has been advised of the possibility that such damages
may arise. NOA does not guarantee the accuracy, content, or timeliness of the
NOA Content or Site Services or that they or related systems are free from
viruses or other contaminating or destructive properties.
In no event will any liability of NOA, its affiliates, agents and licensors
to you (and/or any third party) arising out of any kind of legal claim (whether
in contract, tort, or otherwise) in any way connected with the Site Services or
breach of these Terms of Use by NOA exceed the amount, if any, paid by you to
NOA in respect of the particular Site Service to which the claim relates or by
way of membership dues.
Upon NOA's request, you agree to defend, indemnify and hold harmless NOA from
any claims and expenses, including reasonable legal fees, related to any breach
of these Terms of Use by you or your use of any Site Services.
Force Majeure
NOA, its affiliates and its information providers
will not be liable or deemed to be in default for any delay or failure in
performance or interruption of the delivery of the NOA Content resulting
directly or indirectly from any cause or circumstance beyond its or their
reasonable control, including but not limited to failure of electronic or
mechanical equipment or communication lines, telephone or other interconnect
problems, computer viruses, unauthorized access, theft, operator errors, severe
weather, earthquakes or natural disasters, strikes or other labor problems,
wars, or governmental restrictions.
Changes to these Terms
NOA may, in its discretion, change these
Terms of Use (including those relating to your use of Sites and/or the NOA
Content). When the Terms of Use are changed, NOA will notify you by e-mail or by
publishing details of those changes by including them in these Terms of Use. If
you use the Sites after NOA has published or notified you of the changes, you
are agreeing now to be bound by those changes. If you do not agree to be bound
by those changes, you should not use the Sites any further after they are
published. Access to certain the NOA Content may be subject to additional terms
and conditions.
Advertising, Third Party Content and other Web sites
Parts of the
Site may contain third party content. Content providers are responsible for
ensuring that material submitted for inclusion on the Sites complies with
international and national law. NOA is not responsible for any third party
content. The Sites may contain links to other Web sites. NOA is not responsible
for the availability of these Web sites or their contents.
Assignment of Agreement
This agreement is personal to you and your
rights and obligations under these Terms of Use may not be assigned,
sub-licensed or otherwise transferred. This agreement may be assigned to a third
party by NOA.
Non-Waiver
No delay or omission on the part of either party in
requiring performance by the other party of its obligations will operate as a
waiver of any right.
Notices
Notices to NOA must be given in writing by letter and sent
to NOA’s last known place of business in Dahlonega, GA (for the attention of the
General Counsel).
Severability/Survival/Statute of Limitations
If any provision of
these Terms of Use is invalid or unenforceable, such will not render all the
Terms of Use unenforceable or invalid but rather the Terms of Use will be read
and construed as if the invalid or unenforceable provision(s) are not contained
therein. Any cause of action of yours with respect to these Terms must be filed
in a court of competent jurisdiction in Dahlonega, GA, USA, within one year
after the cause of action has arisen, or such cause will be barred, invalid, and
void.
Whole Agreement
Save as expressly referred to herein, any
representation, warranty, term or condition not expressly set out in these Terms
of Use shall not apply.
Headings
Headings in these Terms of Use are for convenience only
and have no legal meaning or effect.
Governing Law and Jurisdiction
These Terms of Use shall be
governed by, and construed in accordance with, the law of the State of Georgia.
The parties irrevocably agree that the courts of Dahlonega, Georgia shall
(subject to the paragraph below) have exclusive jurisdiction to settle any
dispute which may arise out of, under, or in connection with these Terms of Use
or the legal relationship established by them, and for those purposes
irrevocably submit all disputes to the jurisdiction of the Dahlonega, Georgia
courts.
For the exclusive benefit of NOA, NOA shall retain the right to bring
proceedings as to the substance of the matter in the courts of the country of
your residence or, where these Terms of Use are entered into in the course of
your trade or profession, the country of your principal place of business.
