Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on April 24, 2006.
This Terms of Use Agreement sets forth the standards of use of the Atlanta Occasion,
Inc. Online Service for Registered Members. By using the AtlantaOccasions.com website
you (the “Member”) agree to these terms and conditions. If you do not agree to the
terms and conditions of this agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice. Modifications shall
become effective immediately upon being posted at AtlantaOcasions.com website. Your
continued use of the Service after amendments are posted constitutes an acknowledgement
and acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
1. Disclaimer of Warranties.
The site is provided by Atlanta Occasions, Inc. on an “as is” and on an “as available”
basis. To the fullest extent permitted by applicable law, Atlanta Occasions, Inc.
makes no representations or warranties of any kind, express or implied, regarding
the use or the results of this web site in terms of its correctness, accuracy, reliability,
or otherwise. Atlanta Occasions, Inc. shall have no liability for any interruptions
in the use of this Website. Atlanta Occasions, Inc. disclaims all warranties with
regard to the information provided, including the implied warranties of merchantability
and fitness for a particular purpose, and non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties, therefore the above-referenced exclusion
is inapplicable.
2. Limitation of Liability
ATLANTAOCCASIONS, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR
ATLANTA OCCASIONS, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF
USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN
IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN
EQUITY, AT LAW, OR OTHERWISE, EVEN IF ATLANTA OCCASIONS, INC. HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME
OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
3. Indemnification
Member agrees to indemnify and hold Atlanta Occasions, Inc. its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third party due to or arising
out of Member’s use of the Service, the violation of this Agreement, or infringement
by Member, or other user of the Service using Member’s computer, of any intellectual
property or any other right of any person or entity.
4. Members Account
All Members of the Service shall receive a password and an account. Members are
entirely responsible for any and all activities which occur under their account
whether authorized or not authorized. Member agrees to notify Atlanta Occasions,
Inc. of any unauthorized use of Member’s account or any other breach of security
known or should be known to the Member. Member’s right to use the Service is personal
to the Member. Member agrees not to resell or make any commercial use of the Service
without the express written consent of Atlanta Occasions, Inc.
5. Modifications and Interruption to Service
Atlanta Occasions, Inc. reserves the right to modify or discontinue the Service
with or without notice to the Member. Atlanta Occasions, Inc. shall not be liable
to Member or any third party should Atlanta Occasions, Inc. exercise its right to
modify or discontinue the Service. Member acknowledges and accepts that Atlanta
Occasions, Inc. does not guarantee continuous, uninterrupted or secure access to
our website and operation of our website may be interfered with or adversely affected
by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or through, any
third-party site. You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the content located
on such sites. Your use of those third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible therein. We encourage
all Members to review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors
or collected from publicly available sources. While Atlanta Occasions, Inc. every
effort to ensure that the information on this website is accurate, we can make no
representations or warranties as to the accuracy or reliability of any information
provided on this website.
Atlanta Occasions, Inc. makes no warranties or representations whatsoever with regard
to any product provided or offered by any Vendor, and you acknowledge that any reliance
on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts of Georgia
Our website is operated and provided in the State of Georgia. As such, we are subject
to the laws of the State of Georgia, and such laws will govern this Terms of Use,
without giving effect to any choice of law rules. We make no representation that
our website or other services are appropriate, legal or available for use in other
locations. Accordingly, if you choose to access our site you agree to do so subject
to the internal laws of the State of Georgia.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2008 AtlantaOccasions.com,
will all rights reserved, or is the property of Atlanta Occasions, Inc. and/or third
parties protected by intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an authorized
officer of Atlanta Occasions, Inc. is strictly prohibited. Members agree that they
will not use any robot, spider, or other automatic device, or manual process to
monitor or copy our web pages or the content contained therein without prior written
permission of an authorized officer of Atlanta Occasions, Inc..
Atlanta Occasions, Inc.™ and AtlantaOccasions.com™ are proprietary marks of AtlantaOccasions.com.
Atlanta Occasions, Inc.’s trademarks may not be used in connection with any product
or service that is not provided by Atlanta Occasions, Inc., in any manner that is
likely to cause confusion among customers, or in any manner that disparages or discredits
Atlanta Occasions, Inc..
All other trademarks displayed on Atlanta Occasions, Inc.’s website are the trademarks
of their respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with Atlanta Occasions, Inc.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, AtlantaOccasions.com designates the following
individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
1266 West Paces Ferry Rd, Suite 133
Atlanta GA. 30327
By Telephone: 770-595-6911
By Email: info@atlantaoccasions.com
12. Botnets
Atlanta Occasions, Inc. retains the right, at our sole discretion, to terminate
any accounts involved with botnets and related activities. If any hostnames are
used as command and control points for botnets, Atlanta Occasions, Inc. reserves
the right to direct the involved hostnames to a honeypot, loopback address, logging
facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other agreements referenced
herein may be assigned by Atlanta Occasions, Inc., in our sole discretion, to a
third party in the event of a merger or acquisition. This Terms of Use Agreement
shall apply in addition to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a Member. Member agrees that by
accepting this Terms of Use Agreement, Member is consenting to the use and disclosure
of their personally identifiable information and other practices described in our
Privacy Policy Statement.
