Terms of Use
Welcome to GABAR.ORG (the “Website”), a website accessible free of charge to the general public with Internet access. The Website and its contents and related services are owned and administered by the State Bar of Georgia (“State Bar”).
By accessing and using the Website, or otherwise availing yourself of the services and information offered through the Website, “You” - the “User” - agree to be bound by these Terms of Use And Purchases (hereinafter “Terms of Use”) in effect at the time of each such access or other use of the Website.
You also acknowledge that the State Bar may, from time to time, in its sole discretion and without notification to you, modify these Terms of Use. It is your responsibility to apprise yourself of any such revision or modifications each time you visit or use the Website. If you do not so agree, you are not authorized to access or use the Website in any manner, and you must exit the Website immediately.
I. OVERVIEW
The State Bar Website was founded in June of 1996 as a public resource of general information which is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. This Website is not intended to be a source of legal advice; thus you should not rely on information provided herein, and should always seek the advice of competent counsel in your home state.
The features and information that you may avail yourself of via the Website are collectively referred to herein as the “Services.” The various products that, at any given time, are featured and/or may be purchased via the Website are collectively referred to herein as the “Products.”
II. TERMS AND CONDITIONS
A. User to Provide Internet Access
In order to access the Website and/or use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
B. Website Intended for Adults
You must be eighteen years old or older to purchase any Product via the Website.
C. Accessibility and Availability
The State Bar makes no guarantees regarding the availability of the Website or the Services (including the availability of any given Products). Furthermore, the State Bar reserves the right, within its sole discretion, to discontinue the Website or Services and/or modify the contents of the Website or the terms of the Services as it sees fit, including but not limited to the Product prices, Product descriptions, available Products, and other e-commerce related information and/or functionality. You agree that the State Bar will not be liable to you for any such discontinuance or modification of the Website or the Services.
D. Authorized Use
The State Bar grants you a limited license to access and make personal use of the Website for purposes and uses that are legal and that are otherwise permitted by these Terms of Use. Other than page caching, you are not authorized to download or modify the Website or any portion of it, except with express written consent of the State Bar. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of any third-party; or any use of data mining, robots, spiders, crawlers, or similar data gathering and extraction tools. Furthermore, you may not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Website in any way that restricts or inhibits any other Website user from using or enjoying the Website consistent with the letter and intent of these Terms of Use.
Any unauthorized use terminates the permission or license granted by the State Bar in relation to the Website.
E. Linking (To & From) The Website; Advertisers
1. Linked-to Sites
The State Bar may, from time to time, provide via the Website, links to other World Wide Websites or resources and/or advertisements or other such promotional materials for third-parties. Because The State Bar has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, you acknowledge and agree that the State Bar is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered via these third-party sites. Accordingly, you acknowledge and agree that the State Bar shall not be responsible or liable to you in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to Websites and/or the quality of any goods or services offered by or through any linked-to third-party site.
The State Bar will be pleased to provide links to Websites for law resources of interest to Georgia lawyers, law firms, or the public; however, the State Bar does not intend such links to be referrals or endorsements of the linked entities, and the State Bar does not endorse or approve any lawyer referral service that is not properly registered with the State Bar. The State Bar can be contacted at 404-527-8720 for inquiries regarding whether any lawyer referral service is approved. The State Bar will gladly remove any link from this Website upon request from the linked entity.
2. Links To GABAR.ORG from Other Sites
Unless otherwise authorized in writing by the State Bar, neither you nor any other third-party is authorized to "deep link" to any web page contained in the Website (i.e., no links are permitted under any circumstances from third-party Websites to GABAR.ORG web pages other than the GABAR.ORG home page). Such links are expressly prohibited. The State Bar may grant link permission to any entity, whose Web content is not in violation of any local, state, or federal law, or any State Bar rule, regulation, or policy, and may in its discretion reject a link request and/or request any entity linking to this site to remove its link. This Website is not sponsored or associated with any particular linked entity unless stated so by that entity; and the existence of any particular link is simply intended to imply potential interest to the reader.
F. Privacy Policy
The Website Privacy Policy shall govern the maintenance and use by GABAR.ORG of all User-provided information and is hereby incorporated by reference as a part of these Terms of Use as if set forth herein in full. Click here to access the Privacy Policy.
G. Prohibition Against Harmful Transmissions
You agree that you will not upload, post, email, or otherwise transmit to the Website or to any other User any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
1. Updating and Controlling Your Information
Members can update and control their personal information as described in the Privacy Policy. Members can opt-out of State Bar email communications by following the instructions included in each email communication or by contacting the Membership Department. Notwithstanding anything to the contrary, individuals can opt-out of communications initiated by the State Bar pursuant to a State Bar regulatory purpose. You may request deletion of your personal information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete personal information, it will be deleted from the active database, but may remain in our archives and we may also retain non-personally identifiable information about your use of the Website. Once we disclose some of your personal information to third parties, we cannot access that personal information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.
2. Security
We have security measures in place that are intended to prevent the loss, misuse, or alteration of information under our control. No data transmissions over the Internet are completely secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us or others over the Internet. You transmit such information at your own risk.
H. Social Media Usage Policy
1. Introduction
The State Bar of Georgia has created various social media channels to publicize the programs and services of the State Bar of Georgia, many of which are of interest to and designed for the general public. We welcome your active participation and are excited that social sites like Facebook and Twitter offer new opportunities to interact with our members and the public of Georgia.
2. Participation
Please feel free to post comments, like or tweet/retweet us, but remember that information is available for a number of people to see, and comments are subject to all federal and state laws, including those related to libel, slander, antitrust, trademark, copyright, patent and unfair competition.
The State Bar of Georgia reserves the right, with or without notice, to delete posts for any reason, including, but not limited to inappropriate or vulgar language, cyber threats/harassment, personal attacks of any kind, and/or offensive comments of any kind. The State Bar of Georgia reserves the right, with or without notice, to delete posts for any reason, including, but not limited to spam, privacy invasions, and/or those that include inappropriate photographs or links to other sites; that are off topic; that advocate illegal activity; that promote particular services, products, or ideological or political issues or organizations; or infringe on copyrights or trademarks. Additionally, the State Bar reserves the right, with or without notice, to block anyone who posts such comments.
Comments posted on the State Bar of Georgia social media channels are the personal opinions of the original authors and do not represent the official opinion of the State Bar of Georgia, its officers and executive committee, Board of Governors or employees. The State Bar accepts no responsibility for the posts of others.
3. Ownership and License of the Content You Post
Please note that by posting comments, posts, tagged photos, videos, ideas, or any other content on our social media channels, you are granting the State Bar of Georgia non-exclusive, worldwide rights to republish, redistribute, or otherwise use this content (including your name, profile photo, likeness and social media handle or other publicly shared information) in perpetuity in any way we see fit.
You represent that to the best of your knowledge you own or have the permission to make such posts and grant the above rights to us. Therefore, please do not submit any ideas or materials that you wish to keep confidential or for which you expect to receive compensation.
I. Standard Warranties And Limitations of Liability
1. Georgia Bar Warranties
NEITHER THE STATE BAR NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE DISTRIBUTED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER THE STATE BAR NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICES OR ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF STATE BAR PRODUCTS VIA THE WEBSITE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Limitation Of Liability
THE STATE BAR SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEBSITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. THE STATE BAR SHALL HAVE NO LIABILITY WITH RESPECT TO THE STATE BAR'S OBLIGATIONS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEBSITE OR ANY WEBSITE PURCHASE MADE BY OR FOR YOU FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF THE STATE BAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF THE STATE BAR TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF PRODUCTS VIA THE INTERNET, THE COST OF SUCH DISPUTED PRODUCTS (i.e., THE AMOUNT YOU PAID TO THE STATE BAR FOR SUCH PRODUCTS). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
3. Contents of GABAR.ORG Not Legal Advice
The State Bar presents the information on the Website as a service to its members and other Internet users. While the information on the Website may concern legal issues, it is not legal advice. Moreover, due to the rapidly changing nature of the law and reliance on information provided by outside sources, the State Bar makes no warranty or guarantee concerning the accuracy or reliability of the content on the Website or any other sites linked to from the Website. If you have specific questions related to information available on the Website, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation.
J. Indemnification
You agree to indemnify, defend, and hold harmless the State Bar, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of your representations, warranties, or agreements hereunder; and/or (ii) arises out of your negligence, willful misconduct, or other breach of this Agreement.
K. Severability
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions, or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
L. Entire Agreement
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between you and the State Bar. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.
M. Choice of Law
This Agreement, and any disputes arising from, relating to or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the state of Georgia.
N. Choice of Venue and Acknowledgement of Personal Jurisdiction
Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the United States District Court for the Northern District of Georgia or, if that court lacks subject matter jurisdiction, the Superior Court of Fulton County. By accessing and using the Website, you submit to personal jurisdiction in Georgia in any action by the State Bar against you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
O. Headings for Convenience Only
The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
P. Waiver
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
Q. Georgia Bar Marks
The Website contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music, and sound. The entire contents of the Website are copyrighted as a collective work under the United States copyright laws. The State Bar owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the State Bar and the copyright owner, if other than the State Bar. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Website.
The following trademarks and service marks, along with other Georgia Bar logos and product and service names, are trademarks of the State Bar. (View the State Bar of Georgia Logo Manual & Style Guide.) Without the owner's prior written permission, you agree not to display or use the State Bar Marks in any manner not permitted by the applicable state and U.S. laws or as otherwise expressly allowed by these Terms of Use.
R. Copyright Complaints
The State Bar respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately in writing (via certified mail, return receipt requested, or via overnight delivery service) at the contact address set forth below.
S. Contact
Please direct all inquiries and other communications relating to the Website, Facebook page, Georgia Bar marks, and/or the Services to:
Jennifer R. Mason
Communications Director
State Bar of Georgia
104 Marietta St. NW, Suite 100
Atlanta, GA 30303
jenniferm@738628.com
T. Local Law
You warrant and agree that your access to and use of the Website is in compliance with the laws governing such access, use, and related conduct in your geographic region.
U. Prohibited Conduct
Use of this Website or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, the State Bar may immediately issue a warning and/or temporarily or indefinitely suspend or terminate your privilege to use and access the Website if you: (1) breach this Agreement; and/or (2) take actions that the State Bar believes may result in legal liability for you, for the State Bar, or for other Website users.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE IN ANY WAY. YOU MUST EXIT THE WEBSITE IMMEDIATELY.