LAST UPDATE: October 7, 2023
Summary of Services: Welcome to The Trafalgar Group (“TFG”) website.
Acceptance of Terms: These terms of use apply to your use of the TheTrafalgarGroup.org website and all associated services (including, but not limited to, e-mail/text received from TFG). These terms of use include our Privacy Policy, which describes how we use your personal information.
If you browse through TheTrafalgarGroup.org, you accept these conditions. If you do not agree, then you do not have permission to use this website.
Modifications: Over time, our Services may change, laws may change, or something else may change that will make us amend these Terms. Accordingly, we reserve the right to amend these Terms at any time, for any reason. When we amend these Terms, we will publish the amended Terms and specify when they were last revised. We may also provide you with some type of information about what changes were made, but the terms of the amended Terms will govern the relationship. By continuing to access or use the Services after an amendment to these Terms, you are affirmatively accepting to be bound to the new Terms, which will apply to all access to, and use of, the Services thereafter. Keep in mind that you do not have to continue to use the Services. If you do not agree to the new terms in their entirety, stop using or accessing the Services. All changes to the Terms will only apply to projects commenced after the effective date of the change (i.e., the Terms that existed at the time of the project’s creation will apply). However, if we make a change that we deem necessary to prevent unlawful conduct or conduct that would cause us legal liability (each of which we may make immediately upon notice,) then those new terms will apply immediately to those already existing projects.
Acceptable Use: TFG hereby grants you the right to use our website in accordance with these Terms.
Eligible Users: You are eligible to access or use our Services only if:
– You are 18 years or older (or, if you are between the ages of 13 and 17 years old, you are using the Services with the consent of or are supervised by a parent or guardian)
Liability and Indemnification: As stated above, acceptance of these terms are a necessary condition to use the Services. In consideration of your use of such Services, you are agreeing indemnify and hold TFG, its employees, directors, officers, agents, and volunteers harmless against any and all claims, demands, actions, liabilities, damages, costs, and expenses (including attorneys’ fees, court costs, and other litigation expenses) arising from, or attributable to, your negligence, willful misconduct, or failure to adhere to these Terms. TFG reserves the right to assume the exclusive defense and control of any matter subject to this provision of the Terms, in which case you agree that you’ll cooperate and help us in asserting any defenses. You also acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal or unlawful, as well as any reports we receive of such conduct. When requested, TFG reserves the right to cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services.
Intellectual Property: The Trafalgar Group name and all TheTrafalgarGroup.org content, which may include, without limitation, information, text, data, photographs, video, images, graphics, logos, trademarks, service marks, and other contents or materials, associated technology and software, and the look and feel of the website (collectively “TFG Content”), are the proprietary property of TFG and owned by TFG. These Terms grant you no right to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any TFG Content. Any rights not expressly granted to you herein are reserved by TFG.
Disclaimer of Warranties: You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
TFG SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TFG SHALL CREATE ANY WARRANTY.
Limitations of Liability
To the fullest extent permitted by law, in no event will TFG, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the TFG website. In no event shall TFG’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW LIMITATIONS ON LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Dispute Resolution, Governing Law and Arbitration
We at TFG encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Georgia and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that TFG and its Services are deemed a passive website that does not give rise to jurisdiction over TFG or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Georgia.
Any dispute arising out of, or relating to, these Terms shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect to be held in the state of Georgia, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If the amount in controversy exceeds $500,000, arbitration shall be conducted under the Procedures for Large, Complex Commercial Disputes.
Miscellaneous
These Terms and the other material referenced in them are the entire agreement between you and TFG with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and TFG with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or TFG to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get TFG’s prior written consent. TFG has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. TFG will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
Changes to Policy
As we continue to develop and improve the TFG website, we may need to update the policies described above and reserve the right to do so at any time. If any changes are made, then we will list the date the policy was last updated.
Questions? info@thetrafalgargroup.org