Terms of Use

GRIFFIN GROUPS

TERMS OF SERVICE

1.         Introduction

A.       Griffin Groups is dedicated to conservation science, collaboration, and implementation.

B.       These Terms of Service form an agreement (“Agreement” or “Terms”). Please read this Agreement carefully.

C.       Acceptance of Terms. By registering to use Griffin Group’s services (the “Service”) described and offered on and throughout Griffin Groups’ website (our “Website”), you are agreeing (“Acceptance”) to the Terms and you are also agreeing to the terms of our Privacy Policy, which may be found on the web at https://griffingroups.com/privacy.

D.       In these Terms, when we say “you” or “your” we mean the Group Owner of the Griffin Groups Account or a Member who has been granted access (read-only level access or write level access) by a Group Owner to  the Service. When we say “we,” “our,” “us,” or “Griffin Groups”, we mean Griffin Groups.

E.        The Terms may only be modified or supplemented by Griffin Groups, and we reserve our right to amend or supplement the Terms at any time, at our discretion. When we change it or supplement it, we will do our best to provide you notice and point out what is different or new. We may also post rules and guidelines applicable to specific products or services to the various areas of our Website that describe them. You are responsible for reviewing the Terms and our Website for any rules or guidelines applicable to specific areas of our Website and any amendments or supplements to the Terms and change to the Service (“Changes”). If at any time, you do not agree to the Terms or any of the policies on our Website, please discontinue use of the Service immediately and close your account(s).

F.        Changes to the Terms. Your continued use of the Service after Griffin Groups’ posting of any Changes constitutes your acceptance and agreement with the Changes and all Changes shall supersede any previous agreement between you and Griffin Groups. Notice of any Changes shall be considered given and effective on the date that we update our Website with such Changes. You should periodically review the Terms to ensure you know of any changes.

G.       You have a choice. It’s OK if you don’t want to agree to the Terms or use the Service, but please understand that by signing up for an account, accessing an account and/or any Service, adding a Service to any existing account, , you completely and unconditionally agree to be bound by the Terms.

 

2.         Definitions

A.       “Member” means a person who has been granted access to Griffin Groups.

B.       “User” means an individual (e.g., public and logged in Members) who has been granted access to a Griffin Groups, either on a read-only-level basis or a write-level basis.

C.       “Content” refers to any content, such as, but not limited to, documents, comments, text, links, images, photographs, messages, graphics, music, sounds, video, files, data, software, applications and any other data or information that may be  uploaded and/or stored on Griffin Groups.

D.       “Group Owner” means the person identified in Griffin Groups’ records as the primary administrator of a Group Website on Griffin Groups.

E.        “Group Website” means a website for a group that has established by a Group Owner using the Service.

F.        “Personally Identifiable Information” means any information that identifies or can be used to identify a particular individual.

G.       “Service” collectively refers to the products and services, including, but not limited to, the Website provided by Griffin Group

H.       “Website” and “Griffin Groups” means the website and portal located at www.griffingroups.com.

 

3.         Registration; Account Ownership

A.       You must be at least thirteen (13) years of age to be Group Owner or a Member. . By agreeing to the Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years of age (ii) that you have not previously been suspended or removed from the Service and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

B.       All of the information that you supply to us in creating your Member account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We may reject any user name that violates these Terms, including any user name that uses another person’s identity or that violates our community and content guidelines.

C.       We may use the email you provide to us in your Member account profile to provide you with service messages and updates. By becoming a Member you are consenting to the receipt of these communications.

D.       Member is responsible for authorizing, deauthorizing and administering account access.

E.        Member is responsible for maintaining confidentiality of all passwords.

 

4.         Grant of Access

A.       You agree to use the Service only for purposes that are permitted by these Terms and any applicable law or regulation. Griffin Groups grants you a personal, limited, non-transferable, non-exclusive right to access and use the Service as set forth in these Terms. We reserve the right in, our sole discretion, to restrict your use of the Service and any Content at any time, with or without notice and for any or no reason.

 

5.         Our Services

A.       Availability. Griffin Groups shall use commercially reasonable efforts to provide continuous access to the Service. Griffin Groups does not guarantee that the Service will be accessible at all times. For example, registration may be disabled to prevent against misuse of the site. The Service may also be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Service inaccessible for a limited amount of time due to unforeseen circumstances.

B.       Force Majeure Events. Griffin Groups shall not be liable to you or any other person, firm or entity for any failure of performance under the Terms if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.

C.       We reserve the right to change your password if we believe it’s unsecure. We have the right to refuse to provide Service. We have right to cease offering a Service at any time and in our discretion.

D.       We can subcontract all or any part of our Services, such as, but not limited to, outside hosting and storage, to third parties inside the United States.

E.        Data uploaded or stored on the Website is backed up periodically. Griffin Groups is not responsible for storing or retaining Content and shall not be liable for any loss, deletion or alteration of any Content. We reserve the right to deactivate any accounts which have not been active for at least six (6) months. We reserve the right to delete data in deactivated accounts. You have no right to obtain a copy of any data uploaded to a Group Website or created using the Service.

 

6.         Content

A.       You are solely responsible for any Content that you create, transmit, or display while using the Service. For example, you are responsible for your Content being acceptable given any applicable legal and regulatory restrictions, and you are responsible for making sure that comments and other Content linked to your Content through the Service meet the Terms.

B.       Griffin Groups does not endorse or approve any Content that you or others contribute to any Group Website. Griffin Groups respects the intellectual property rights of others. You may not upload any publication, either in whole or in part, that you do not have permission to republish

 

7.         Restrictions on Use

A.       You cannot sell, resell, lease or rent any aspect of the Service.

B.       You agree that all your use of the Service shall comply with applicable laws.

C.       You agree to not upload or post any Content to the Service that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload Content that violates any third party’s right of privacy or right of publicity. You may upload only Content that you are permitted to upload by the owner or by law.

D.       All Content Member uploads to the Service is deemed nonconfidential.

E.        You are responsible for all Content that you post on, transmit through or download from the Website. You may not post Content that:

i.          Is not your own original creation or that you do not have permission to use (keep in mind that just because something is on the Internet and does not have a copyright notice on it doesn’t mean that you can use it without permission);

ii.        Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;

iii.      You know to be inaccurate;

iv.      Is pornographic, sexually explicit, or obscene;

v.        Exploits children or minors;

vi.      Violates the rights of privacy or publicity of any person;

vii.    Is harassing, libelous, slanderous, or defamatory;

viii.  Contains any Personally Identifiable Information about any person without their consent or about any person who is a minor;

ix.      May be deemed generally offensive to the Group Website community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;

x.        Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services other than conservation-related goods and services;

xi.      Is off topic;

xii.    Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;

xiii.  Violates any local, state, federal, and/or international laws or regulations;

xiv.  Promotes or provides instructional information about illegal or illicit activities;

xv.    Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,

xvi.  Is intended to overwhelm, cause technical disruptions of or denial of service to the Website.

 

8.         Removal of Content. Griffin Groups reserves the right (but has no obligation) to remove, block, edit, move or disable Content that is objectionable to us for any reason. The decision to remove Content at any time is in Griffin Groups’ sole and final discretion. To the maximum extent permitted by applicable law, Griffin Groups does not assume any responsibility or liability for Content or for any failure to or delay in removing Content. You are solely responsible for your Content and may be held liable for Content that you post.

 

9.         DMCA Notice. If you believe that any content on a Group Website violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:

A.       A description of the copyrighted work or other intellectual property that you claim has been infringed;

B.       A description of where the material that you claim is infringing is located on the Group Website (including the exact URL);

C.       An address, a telephone number, and an e-mail address where we can contact you;

D.       A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;

E.        A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and

F.        Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

G.       We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the Griffin Groups designated agent listed below.

i.          Griffin Groups

Attn: Ed Laurent

Address: P.O. Box 17851, Atlanta, Georgia 30316

Email: feedback[at]griffingroups.com

H.       We may terminate the user account of any Member who repeatedly introduces Content that violates our intellectual property policies. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had Content removed from the Group Website more than once.

 

10.     Member Data

A.       “Member Data” means all Content as well as all information regarding a Member (including, but not limited to, information entered by someone to become a Member) entered into or uploaded to a Group Website.

B.       You agree that Griffin Groups may use Content for internal purposes, including, but not limited to, analyzing trends and usage, improvement of services and software, and to offer services of Griffin Groups to Group Members and visitors.

C.       Personally Identifiable Information. You agree that Griffin Groups is not responsible for maintaining the confidentiality or security of any Personally Identifiable Information that you upload to a Group Website.

D.       Data transfer outside of the United States

i.          European Safe Harbor. Griffin Groups adheres to the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data transferred from the European Union.

ii.        By using Griffin Groups, you expressly agree to transfer to the United States and elsewhere of the information you input on Griffin Groups. By publicly posting information on Griffin Groups, you also certify that your posting complies with all local data protection laws.

iii.      You represent and warrant that you have legal right to, and shall comply with, all applicable laws regarding, export of any Content that you intend to export outside of the United States.

 

11.     Suspension of Service. Griffin Groups may suspend Member’s user account and access to the Service, with or without notice, if any provision in these Terms is violated.

 

12.     Term; Termination

A.       The Terms and this Agreement shall commence upon Acceptance and shall continue until terminated.

B.       Termination of the Service. Griffin Groups reserves the right to stop providing the Service to you at any time for any reason without prior notice.

C.       Post-termination

i.          After termination, access to your Content may suspended or terminated.

 

13.     Intellectual Property

A.       We own our intellectual property

i.          You agree that use of the Service does not constitute any basis for ownership of the Service. Griffin Groups, its affiliates or its licensors owns all legal right, title, and interest in and to the Service. As between you and Griffin Groups, all information, materials, images, software, photographs, articles, functions, text and other content solely provided by or on behalf of Griffin Groups on the Service, specifically excluding any Content (collectively, “Griffin Groups Content”) is the sole property of Griffin Groups,. The Service and all of the Griffin Groups Content, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. We reserve all rights not expressly granted herein in and to the Service and Griffin Groups Content. Unless otherwise noted, the Griffin Groups name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Service are the property of Griffin Groups, its affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Service shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Service or any of the Griffin Groups Content will terminate the permission or license granted herein and may violate applicable law. You will not alter, adapt or otherwise modify any part of the Service or Griffin Groups Content.

B.       Ownership of Content

i.          Members own all Content Members upload to the Group Website.

ii.        When you upload or modify Content to the Group Website, you expressly grant to Griffin Groups for Griffin Groups, its affiliates, employees, agents, representatives, licensors or other third party partners, and Griffin Groups’ successors and assigns a non-exclusive, worldwide, perpetual, irrevocable, sub-licensable and right to use, without restriction, including, but not limited to the right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works of, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display or perform the Content and to provide such Content to any other Member, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Griffin Groups all licenses, consents and clearances to enable Griffin Groups to use such Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such Content.

C.       Any improvements or modifications you suggest, we own, and you agree to and do hereby assign to Griffin Groups all your right, title and interest in and to any modifications and improvements automatically upon creation and without the need for further action or notice to affect such assignment.

 

14.     Disclaimers

A.       THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GRIFFIN GROUPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. GRIFFIN GROUPS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GRIFFIN GROUPS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

15.     Limitation of liability

A.       GRIFFIN GROUPS’ SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GRIFFIN GROUPS SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL GRIFFIN GROUPS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF GRIFFIN GROUPS’ SERVICE) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF GRIFFIN GROUPS’ (OR ITS HOSTING SERVICES’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF GRIFFIN GROUPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SERVICE, THE USE OF THE SERVICE, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO GRIFFIN GROUPS’ SERVICE, THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND GRIFFIN GROUPS, EVENTS BEYOND GRIFFIN GROUPS’ REASONABLE CONTROL, THE NON-RECOGNITION OF THE GRIFFIN GROUPS HOSTING SERVERS, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.

B.       YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GRIFFIN GROUPS, ITS OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE SERVICE OR ANY GRIFFIN GROUPS CONTENT IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT GRIFFIN GROUPS, ITS OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES. IN NO CASE SHALL THE LIABILITY OF GRIFFIN GROUPS, ITS OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE AMOUNT THAT YOU PAID TO GRIFFIN GROUPS FOR THE SERVICE.

C.       Boilerplate on state’s non-allowance of exclusion

i.         BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF GRIFFIN GROUPS, ITS OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. 

ii.        IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

 

16.     Indemnification

A.       By utilizing the Service you agree to indemnify, defend and hold Griffin Groups and its officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by Griffin Groups through your use of the Service or your posting or transmission of content in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights, and loss of data privacy or data security). You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any content you post or transmit through the Service we provide. Griffin Groups reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This Section shall survive any expiration or termination of the Terms.

 

17.     Cooperation with law enforcement or government agencies

 

18.     Taxes. If any federal, state or local governmental entity with taxing authority over the Service imposes a tax, duty or fee directly on the Service provided to you by Griffin Groups under the Terms (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Griffin Groups may pass the direct amount of such tax on to you, and you shall promptly pay that tax.

 

19.     Disputes; Resolution

A.       Any action against Griffin Groups must be brought within one (1) year of the cause arising.

B.       Arbitration

i.          In the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by arbitration in Atlanta, Georgia, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.

ii.        The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.

iii.      The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.

 

20.     Governing Law; Jurisdiction, Venue

A.       These Terms will be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. Griffin Groups and you agree to submit to the exclusive jurisdiction of the courts located within Fulton County, Georgia for entering any arbitrator’s decision or award. Notwithstanding this, Griffin Groups will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

B.       The Terms shall not be governed by the United Nations Convention on the International Sale of Goods.

 

21.     General

A.       These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Griffin Groups regarding your use of and access to the Group Website, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign, convey or transfer the Terms or your rights hereunder, in whole or in part, by contract, operation of law or otherwise, without our prior written consent. We may assign, transfer or convey all or part of the Terms at any time without notice. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The failure of Griffin Groups to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or Griffin Groups’ right to act with respect to subsequent or similar breaches.

B.       Headings. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation.

C.       The parties intend that an independent contractor relationship will be created by these Terms, and that no additional partnership, joint venture, employee, employer or other relationship is intended. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of Griffin Groups, any of Griffin Groups’ affiliates or its respective service providers.

D.       Notice. You agree that Griffin Groups may provide you with notices, including those regarding changes to these Terms, by email to the address you provided at the time of registration or such changed address as you provide to Griffin Groups in writing, regular mail, or postings on the Group Website.