Please read these terms of use of this Agreement carefully before using the www.orthoga.org website operated by OrthoGeorgia.
Your access to and use of the www.orthoga.org is conditioned on your acceptance of and compliance with these terms of use. These terms of use apply to all visitors, users and others who access or use www.orthoga.org.
By accessing or using www.orthoga.org, you agree to be bound the terms set forth below. If you disagree with any part of this Agreement then you may not access www.orthoga.org.
You agree that you will not submit any false information or any illegal or damaging content to our website. We reserve the right to terminate access to or the ability to interact with our website in response to any concerns we may have about false, illegal, or damaging content, or for any other reason, in our sole discretion.
Account Terms
You must be 18 years or older to access this website.
You must be human. Accounts registered by “bots” or other automated methods are not permitted.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
Revisions
OrthoGeorgia reserves the right to update this Agreement and the Policies and Procedures at any time. The most up to date version of this policy will always be available on our website. Any updates or other changes to this policy will apply retroactively to any information earlier submitted to us.
Complaint Process
If you have a complaint or problem, or if you believe your privacy rights have been violated, you may contact us. Please share the reason you are reaching out. The appropriate OrthoGeorgia department for response or resolution. All questions concerning the construction, validity and interpretation of this Agreement shall be governed by the law of the State of Georgia, without giving effect to the conflict of laws provisions thereof. The parties to this Agreement will submit all disputes arising under this Agreement to arbitration before a single arbitrator pursuant to the terms of the Georgia Arbitration Code (“GAC”) to be held in Macon-Bibb County, Georgia. The arbitrator shall be selected by application of the rules of the GAC, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in the State of Georgia. No party to this Agreement will challenge the jurisdiction or venue provisions as provided in this section. No party to this Agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.
Limitation of Liability
OrthoGeorgia, its members, directors, officers, employees, attorneys or agents shall in no event be liable to you or any other person or entity for any damages arising out of or resulting from the operation of this website or any information contained therein. Your sole and exclusive remedy for any cause of action or damages arising out of the use or operation of this website or any information contained therein shall be to discontinue use of the site.
In no event shall OrthoGeorgia, its members, directors, officers, employees, attorneys or agents be liable to you or any other person or entity for any special, indirect, incidental, consequential or punitive damages, including, without limitation, lost profits or lost data, arising out of or related to the use of www.orthoga.org or any information contained therein or any act, omission or event occurring in connection therewith.
Termination
OrthoGeorgia may unilaterally terminate or suspend access to www.orthoga.org, without prior notice or liability for any reason whatsoever.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, indemnity and limitations of liability.
Intellectual Property Ownership
To the knowledge of the OrthoGeorgia, OrthoGeorgia owns or possesses or can obtain on commercially reasonable terms sufficient legal rights to all patents, trademarks, service marks, trade names, copyrights, trade secrets, licenses (software or otherwise), information, processes and similar proprietary rights (“Intellectual Property”) necessary to the business of OrthoGeorgia and its operation of www.orthoga.org as presently conducted, the lack of which could reasonably be expected to have a material adverse effect. Except for agreements with its own employees or consultants, standard end-user license agreements, support/maintenance agreements and agreements entered in the ordinary course of OrthoGeorgia’s business, there are no outstanding options, licenses or agreements relating to the Intellectual Property, and OrthoGeorgia is not bound by or a party to any options, licenses or agreements with respect to the Intellectual Property of any other person or entity.
Indemnity
Site users and/or customers shall indemnify and hold harmless OrthoGeorgia (and its subsidiaries, members, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by OrthoGeorgia as a result of any claim, judgment, or adjudication against OrthoGeorgia related to or arising from the site user’s or customer’s use of the site, including, without limitation, (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by site user and/or customers to OrthoGeorgia (the “Customer Content”), or (b) a claim that OrthoGeorgia ‘s use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, OrthoGeorgia must: (i) give Customer prompt written notice of a claim; and (ii) allow site user and/or customer to control, and fully cooperate with site user and/or customer in, the defense and all related negotiations, at its sole expense.