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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. 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 publicnotice@gapress.org.

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. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.