Terms of Service

Development Authority of Fulton County (“DAFC”)

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms”) BEFORE USING THIS SITE.  

These Terms of Use (“Terms”) apply to your use of this website (“Site”) and to the information, content, tools, products, services and other materials contained on this Site. By using this Site, you agree to abide by the Terms and any changes to the Terms that may from time to time be posted on the Site. If you do not agree to these Terms, you should not access or use the Site. If you fail to comply with any of the Terms, your access to the Site may be immediately terminated.

USE OF SITE CONTENT

Except as stated herein, none of the information and content on the Site, without limitation, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of DAFC or the copyright owner.

By accessing and using this Site, you agree not to engage in any conduct that could damage, disable, overburden or gain unauthorized access to the Site, any Materials, systems, networks or accounts related to the Site or otherwise circumvent any access-limiting, user authentication or security device thereof.

TRADEMARKS

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this site are registered and unregistered trademarks of DAFC. Other trademarks, service marks, and trade names may be owned by others. Nothing on this site should be construed as granting, by implication, any license or right to use any trademark or any other DAFC intellectual property displayed on this site. DAFC aggressively enforces its intellectual property rights to the fullest extent of the law. The name DAFC, or Development Authority of Fulton County, or any other trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior written permission from DAFC. DAFC also prohibits use of DAFC or any other trademark as part of a link to or from any site unless establishment of such a link is approved in advance by DAFC in writing.

COPYRIGHTS

The copyright for all materials provided on this site is held by DAFC, its affiliates, or by the original creator of the material. All content and functionality on this site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of DAFC or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

USE OF SITE CONTENT

DAFC hereby grants permission to download one copy of the materials on this site on a single computer for your personal or internal business use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not “mirror” any material contained on this site without DAFC express written permission. You may, however, share, through social media accounts, the content posted on the DAFC website, provided that you do not alter it and that you cite us as the source. You may not share, post, or transmit material from this website in a way that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity. Exclusive of limited personal use, or content shared via social media and in compliance with guidelines and best practices established by the social media platform, you may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to DAFC website(s). Any unauthorized use of the materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations, and statutes.

MATERIALS

There may be delays, omissions, or inaccuracies in information obtained through your use of this Site. All information included on the Site or referenced by the Site is provided to you with the understanding that DAFC’ provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career, or other advice or services. Information on this Site should not be relied upon for making business, investment, or other decisions or used as a substitute for consultation with professional advisors. Moreover, DAFC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded, or distributed through this Site by DAFC, any user, information provider, or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. Moreover, DAFC does not grant any license or other authorization to you to use this Site in any manner if such use in whole or in part suggests that DAFC promotes or endorses any third party’s causes, ideas, political campaigns, political views, web sites, products, or services.

THIRD-PARTY CONTENT

DAFC makes no representations whatsoever about any other website which you may access through this one. When you access a non-DAFC website, please understand that it is independent from DAFC, and that DAFC has no control over the content on that website, even if DAFC provides information or services to the owner of that web Site. In addition, a link to a non-DAFC website does not mean that DAFC endorses or accepts any responsibility for the content or the use of such website. In fact, DAFC disclaims any and all liability and responsibility for such content. Your use of any third-party Materials and access to any other websites linked to this Site is at your own risk; DAFC will not be liable for any damages arising from the use thereof.

MOBILE APPLICATIONS

DAFC may from time to time make available mobile applications (“Apps”) to provide user access using wireless and mobile devices. These Terms apply to your access to and use of Apps in the same manner and on the same terms as they apply to your access to and use of the Site.

OPERATION OF SITE

This Site is owned and operated in the United States. If you access and use the Site from outside of the United States, you are responsible for compliance with all laws and regulations relating to such access and use, including those of the jurisdiction from which you access this Site. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

MODIFICATIONS AND CHANGES

DAFC may periodically modify these Terms, and any modifications will be effective upon posting. DAFC reserves the right to change, modify, suspend, temporarily or permanently discontinue, and restrict the use and availability of the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice or liability.

NO PROFESSIONAL ADVICE; NO FIDUCIARY STATUS

This Site and the Materials are intended to provide general information only and are not intended to constitute and should not be considered as legal, investment, accounting, or other professional advice. If legal, investment, accounting or other professional advice or assistance is needed, the services of competent, independent legal counsel, investment advisor, accountant or other professional should be sought. You acknowledge and agree that, except as may otherwise be the subject of a separate agreement or as required by applicable law, by making the Site and its functionalities available to you, DAFC is not acting as a “fiduciary,” within the meaning of the Employee Retirement Income Security Act of 1974, as amended.

INDEMNIFICATION

You hereby indemnify, defend, and hold harmless DAFC and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the indemnified parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. DAFC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, the remainder of the Terms shall not be affected thereby, and each provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.

DISCLAIMER OF WARRANTIES

DAFC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND ABOUT THE SITE OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SITE AND MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DAFC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, DAFC DOES NOT WARRANT THAT: 1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE, OR RELIABLE; (2) THAT THE SITE OR THE MATERIALS WILL MEET YOUR NEEDS (3) THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (4) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

LIMITATION OF LIABILITY

DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND EQUIPMENT, OR LOSS OF DATA, THAT MAY RESULT FROM OBTAINING SUCH MATERIALS FROM THIS SITE.

IN NO EVENT WILL DAFC OR ITS PROVIDERS, PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, TRADING LOSSES, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS REFERENCED BY THE SITE. THE FOREGOING LIMITATION SHALL APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT DAFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DAFC WILL NOT HAVE ANY LIABILITY FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH DAFC DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE, AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACTS OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY, OR A GOVERNMENT ACTION. THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT FULLY APPLY IN CERTAIN STATES AND IN CERTAIN CIRCUMSTANCES BY REASON OF APPLICABLE LAWS, AND WHERE THIS IS THE CASE THE LIABILITY OF DAFC AND ITS PROVIDERS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAWS.

GOVERNING LAW AND VENUE

These Terms shall be governed and construed in accordance with the laws of the State of Georgia, without regard to conflicts of law principles. You agree that any claim, dispute, controversy, or other matter arising out of your use or access to this Site shall be subject to the exclusive jurisdiction of the federal and state courts located in Fulton County, Georgia, and you consent and submit to the personal jurisdiction of those courts for purposes of litigating any such matter.

MISCELLANEOUS

Contact information:

Development Authority of Fulton County

141 Pryor Street S.W.
Suite 2052
Atlanta, Georgia 30303

Revised 03/12/2019

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