Terms of Use and Conditions for ATLinBusiness Markeplace
Last Modified January 23, 2023
Acceptance of the Terms of Use and Conditions
These Terms of Use and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, or “User”) and the Atlanta Development Authority d/b/a Invest Atlanta (“Invest Atlanta”, “we”, “our”) concerning your access to and use of ATLinBusiness Marketplace https://nownetwork.nowcorp.com/atlinbusiness website, and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”).
These Terms set the rules for the User’s access and use of the Service, including any content and services offered through the Service. By using this Service, you accept these Terms of Use and Conditions. If you do not want to agree to these Terms of Use and Conditions, you must leave the Service and refrain from having any access to it in the future.
These Terms are intended to supplement the NOWaccount Network Corporation, d/b/a NOW Corp (“NOW”) Terms of Use.
The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Service is intended for users who are at least 18 years old. By using this Service, you represent and warrant that you are of legal age to consent to these Terms and Conditions. If you do not meet the legal age requirements to consent to these Terms and Conditions, you must exit the Service and refrain from having any access to it in the future.
Any application for other services provided by Invest Atlanta or our affiliates will be subject to a separate agreement that will be provided to you. THE TERMS DO NOT COVER THESE OTHER SERVICES, unless expressly stated herein.
Changes to the Terms of Use and Conditions and to the Service
We may revise and update these Terms as necessary, possible, and at our discretion. All changes are effective at the moment we post such changes and shall apply to all access and use of the Service. By using the Service, you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
You must verify these Terms from time to time. Your continued access and use of the Service following a revision of the Terms of Use and Conditions shall constitute an acceptance of the changes.
Service Content and Access
Invest Atlanta and/or NOW may change the content of this Service from time to time. However, this content is not necessarily complete or up-to-date and the Company is not under any obligation to update it.
Invest Atlanta takes all reasonable care in preparing, maintaining, and updating the information on the Service. Without prejudice to our other rights under these terms and conditions, we do not represent or warrant (either express or implied) the accuracy, reliability, or completeness of any Service content. You acknowledge and accept that the Service content may include omissions and/or errors. Service content is subject to change at our sole discretion without notice to you and may not be up to date or accurate at the time you access it.
You agree and acknowledge that Invest Atlanta does not endorse the businesses, products, or services offered on the Service and you shall hold us harmless from any harm caused by your interactions with other businesses or use of such products or services.
It is your responsibility to inquire with us directly to ensure the adequacy, accuracy, and currency of the material or information you seek to rely upon. To the extent permitted by law, we disclaim all liability (including special, indirect, or consequential) for loss directly or indirectly arising from your use of, or reliance on, the Service or the Service content.
We provide no guarantee that access to the Service will be available or that the Service is free from viruses or anything else which may damage any computer which accesses the Service or any data on such a computer. We may from time to time restrict access to any part or whole of the Service at our discretion. By using this Service, you agree to do so at your sole risk.
Site Management
We reserve the right, but not the obligation, to: (1) monitor the Service for perceived and actual violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting any such User to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
Without prejudice to our other rights under this Agreement, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Service, prohibiting you from accessing the Service, blocking computers using your IP address from accessing the Service, contacting your internet service provider to request that they block your access to the Service and/or bringing court proceedings against you.
If you are in breach of the Terms, you hereby indemnify us against any loss, damages, costs, liabilities, and expenses (including but not limited to legal expenses) suffered resulting from any potential or actual breach by you.
User Representations
By using the Service, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration and account information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not under the age of 18; (5) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Service for any illegal or unauthorized purpose; and (7) your use of the Service will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Limitations on Liability
In no event will Invest Atlanta or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, including, without limitation, any materials, services, contacts, and/or products provided to you on or through the site, whether or not you have purchased or provided any consideration for such. By accessing the site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver.
Third party websites
This website may contain links to other websites operated, controlled, or produced by third parties. Unless otherwise indicated, we do not control, endorse, sponsor, or approve any such third-party websites or their content, nor do we provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
Privacy
Notwithstanding the NOW Privacy Policy, Invest Atlanta monitors the websites and pages our users visit within the Service for the purpose of, but not limited to, determining what Service activity, uses, and features are the most popular and which pages are visited most frequently. Any data Invest Atlanta monitors and collects includes, but is not limited to, the following User information: business details and identifying information, user demographics, names, addresses, contact information, business industry information, diversity status, and/or veteran status. If you do not want to agree to these data collection terms, you must leave the Service and refrain from having any access to it in the future.
You acknowledge that Invest Atlanta is a government agency and is subject to any provisions in O.C.G.A §50-18-70, et seq. (the “Georgia Open Records Act”) or other applicable provisions of Georgia law. In the event of receipt of a Georgia Open Records Act request by Invest Atlanta, we shall inform the Service provider and any affected User(s), who shall consult with his or her attorneys and then advise Invest Atlanta if he or she will seek to prevent the dissemination of the requested material pursuant to any applicable exemption(s). Invest Atlanta will advise User whether Invest Atlanta believes that compliance with such request is required under law. If Invest Atlanta decides to seek protection of the requested material under an applicable exemption, User agrees to fully cooperate with Invest Atlanta and to withhold from disclosure any material sought to be protected until ordered by a court of law having jurisdiction or by Invest Atlanta to do so. If User decides to seek protection of the requested material under an applicable exemption, Invest Atlanta agrees to fully cooperate with User and to withhold from disclosure any material sought to be protected until ordered by a court of law having jurisdiction or by User to do so. In such events, Invest Atlanta shall bear the sole reasonable cost and expense of the User in connection with any legal proceedings relating to the Georgia Open Records Act (excepting costs and expenses resulting from the User’s negligence or willful misconduct).
Invest Atlanta agrees to take all reasonable precautions to prevent unauthorized third parties or persons from accessing or using Service data in a way that would constitute a breach of this Agreement.
Please be advised the Service is hosted in the United States. If you access the Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Service, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Trademarks
The Invest Atlanta name and all related names, logos, product and service names, designs, and slogans are trademarks of the Invest Atlanta or its affiliates. The User shall not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.
Governing Law
These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles.
Assignment
You hereby acknowledge and agree that we may assign, transfer, sub-contract, or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These Terms, together with the NOW Terms of Use shall constitute the entire agreement between you and Invest Atlanta in relation to your use of the Service and shall supersede all previous agreements between you and Invest Atlanta in relation to your use of the Service.
Contact Information
Invest Atlanta welcomes your comments regarding the Terms and privacy policies. If you believe that Invest Atlanta has not adhered to these terms, please contact [email protected]. We will use commercially reasonable efforts to promptly determine and remedy the problem.
Note: this date will reflect the date on which the Terms are finalized
Platform was replaced with Service to match the terminology utilized in the NOWaccount and Invest Atlanta SaaS agreement. There were 50 total replacements.
NOW legal counsel has advised against entering into an agreement with the privacy policy. Thus, three changes were made in this document to remove that reference.
Second instance of removal of privacy policy reference.
Recommendation to broaden the language to protect ability to capture other data that would be beneficial to Invest Atlanta.
Recommended changes here to clarify the responsibilities of each party with respect to Open Records requests. This excludes mention of NOW since that coverage is in the SaaS agreement.
Third instance of removal of privacy policy.
Clarification of a typo in original version.
