Use of Site
This website is provided solely for the use of current and future customers or clients of Georgia Mountains Works to provide you with information about our company, to use our services for educational purposes, and to enable you to contact us with any questions or comments that you may have related to the Content of this website. Any other use of this site is prohibited.
Site Contents and Ownership
The information contained on this site, including all designs, writings, graphs, data, and other materials (Materials or Content) are the property of Georgia Mountains Works and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to view, copy, download, and print portions of this site solely for the purposes of using this site for the authorized use described above. You may not distribute the Contents without providing credit to Georgia Mountains Works. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, Georgia Mountains Works does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Disclaimer of Warranty
You expressly agree that use of this website is at your sole risk. Neither Georgia Mountains Works, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. Georgia Mountains Works does not warrant or represent that the use of the Materials will result in you or your business or website achieving a certain result or performing in a certain way.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Georgia Mountains Works does not warrant the reliability of any statement or other information displayed or distributed through the site. Georgia Mountains Works reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Georgia Mountains Works may make any other changes to this site, the Materials and the products, programs, or services described in this site at any time without notice.
As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Georgia Mountains Works. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Georgia Mountains Works. Georgia Mountains Works does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Georgia Mountains Works. Links do not imply that Georgia Mountains Works or this site’s sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Georgia Mountains Works or any of its affiliates or subsidiaries. Except for links to information authored by Georgia Mountains Works, Georgia Mountains Works is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Georgia Mountains Works reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
Controlling Law, jurisdiction, and International Users
This Agreement is governed by and shall be construed in accordance with the laws of the State of Georgia, U.S.A., without reference to its conflict-of-law provisions. Georgia Mountains Works makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Hall County, Georgia for any disputes with Georgia Mountains Works arising out of your use of this site.
Dispute Resolution and Arbitration Agreement
a. Georgia Mountains Works is committed to participating in a consumer-friendly dispute resolution process. This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but bring any claim against Georgia Mountains Works in the United States.
b. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Georgia Mountains Works each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Georgia Mountains Works management team by contacting us. If after a good faith effort and no less than thirty (30) days, the negotiations are unsuccessful, then the parties shall engage in 1) dispute resolution with the State bar where the attorney is licensed to practice 2) arbitration with the party intending to pursue arbitration notifying the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
c. Agreement to Arbitrate. You and Georgia Mountains Works mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof between you and Georgia Mountains Works, or to the use of the Georgia Mountains Works Service (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). The parties shall mutually agree to a sole Arbitrator. If the parties cannot mutually agree, an Arbitrator will be chosen for them by AAA. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Georgia Mountains Works agree that the arbitrator will decide that issue
d. Exceptions to Arbitration Agreement. You and Georgia Mountains Works each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
e. Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Georgia Mountains Works agrees that any required arbitration hearing may be conducted, at your option, by telephone, online, or based solely on written submissions; (b) the arbitration may not involve any personal appearance by the parties unless otherwise mutually agreed by the parties. Each party has the right to present witnesses at arbitration in favor of their case.
f. Modification of AAA Rules – Attorney’s Fees and Costs. You and Georgia Mountains Works each agree that either party may be entitled to seek an award of attorney fees and expenses if they prevail in arbitration, to the extent provided under applicable law and the AAA rules.
g. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Arbitrator’s decision is final and binding on all the parties.
h. Jury Trial Waiver. You and Georgia Mountains Works acknowledge and agree that we are each waiving the right to a trial by jury as to all Disputes that are agreed as disputes being dealt with by arbitration.
i. No Class Actions or Representative Proceedings. You and Georgia Mountains Works acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Georgia Mountains Works both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
j. Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
k. Changes and/or Revisions. Notwithstanding the provisions (“Modification of these Terms”), if Georgia Mountains Works changes this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within three (3) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Contract Counsel’s notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Georgia Mountains Works in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as