PLEASE READ THESE GIGALAW.COM GENERAL TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE WEB SITE GIGALAW.COM OR ANY SERVICES OFFERED BY GIGALAW.COM.

By using the web site, discussion list and other services offered by GigaLaw.com, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use GigaLaw.com.

GigaLaw.com is an online information service provided by GigaLaw.com, which may revise and update these Terms and Conditions at any time by posting such revised Terms and Conditions at http://www.GigaLaw.com/legal. Your continued usage of GigaLaw.com or any of its services will mean you accept those changes.

No Legal Advice

The materials available on GigaLaw.com (the "Materials") have been prepared by Dolesco LLC d/b/a GigaLaw.com ("GigaLaw.com"), its Editorial Board members and other contributors for informational purposes only, are not legal advice and should not be relied on as such. GigaLaw.com does not guarantee or warrant that the Materials are accurate, complete or up-to-date. The Materials are general in nature and may not apply to particular factual or legal circumstances. Laws and procedures change frequently and are subject to differing interpretations. The Materials are not intended to substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction. If you want legal advice, please consult a lawyer outside GigaLaw.com. GigaLaw.com is not intended to create, and your use of the Materials does not constitute, a lawyer-client relationship. You should not act upon any of the Materials without seeking professional counsel. Any opinions, whether legal or otherwise, expressed on GigaLaw.com are solely those of the respective author.

Copyright

The Materials are protected by United States and other copyright laws, except for works of the United States Government pursuant to 17 U.S.C. Section 105. The selection, arrangement and presentation of all Materials (including information in the public domain), and the overall design of GigaLaw.com are copyright © 2000-2004 GigaLaw.com. All rights reserved. GigaLaw.com or its licensors is the owner of all copyrights in and to the Materials, except for works of the United States Government pursuant to 17 U.S.C. Section 105. Permission is granted to view and print materials from GigaLaw.com for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or Materials on this site, whether in electronic or hard copy form, without the express prior written permission of GigaLaw.com, is strictly prohibited.

Trademarks

"GigaLaw," "GigaLaw.com," "Dolesco," "Legal Lessons for the Wired World," "Legal Information for Internet Professionals" and the courthouse computer logo are trademarks or service marks of GigaLaw.com. GigaLaw.com® is a federally registered U.S. trademark (No. 2,451,901).

Discussion List

In consideration of your use of the GigaLaw.com Discussion List (http://www.GigaLaw.com/discuss), you agree not to: (1) upload or transmit any communications or content of any type that infringe or violate any rights of any party; (2) post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law; (3) impersonate another person or allow any other person or entity to use your identification for posting materials to the list; (4) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (5) engage in any other conduct that restricts or inhibits any other person from using or enjoying the list.

GigaLaw.com has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the discussion list (or any portion thereof) at any time.

By submitting communications or content to any part of the discussion list, you agree that such submission is non-confidential for all purposes. If you make any submission, you automatically grant -- or warrant that the owner of such content has expressly granted -- to GigaLaw.com a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed.

Privacy

The GigaLaw.com Privacy Policy is available at http://www.GigaLaw.com/legal/privacy.html.

No Warranties

GIGALAW.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO GIGALAW.COM, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH GIGALAW.COM, OR ANY SITES LISTED ON GIGALAW.COM, AND GIGALAW.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. GIGALAW.COM DOES NOT WARRANT THAT GIGALAW.COM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN GIGALAW.COM WILL BE CORRECTED. GIGALAW.COM IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

IN NO EVENT WILL GIGALAW.COM OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE GIGALAW.COM, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON GIGALAW.COM OR DOWNLOADED FROM GIGALAW.COM, EVEN IF GIGALAW.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN GIGALAW.COM, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH GIGALAW.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, GIGALAW.COM'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless GigaLaw.com and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of GigaLaw.com and any violation of these Terms and Conditions by you.

Governing Law and Jurisdiction

These Terms and Conditions constitute a contract made under and shall be governed by and construed in accordance with the laws of the State of Georgia. You agree that the federal court of the Northern District of Georgia, if it has subject matter jurisdiction, shall have exclusive jurisdiction to hear and determine any claims or disputes between you and GigaLaw.com (and/or its members, managers, officers, employees, agents and the assigns of same), pertaining directly or indirectly to these Terms and Conditions, or to any matter arising therefrom, or any other document executed and delivered in connection herewith or therewith. If such federal court lacks subject matter jurisdiction, any state court located in Fulton County, Georgia, shall have exclusive jurisdiction to hear and determine such claims or disputes.

Miscellaneous

Except as expressly provided in a particular legal notice posted by GigaLaw.com on GigaLaw.com, these Terms and Conditions constitute the entire agreement between you and GigaLaw.com with respect to the use of GigaLaw.com and the Materials. GigaLaw.com's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. GigaLaw.com may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

Last Update

These Terms and Conditions were last updated on January 15, 2004.

Contact Information

Questions or comments regarding GigaLaw.com should be sent by e-mail to editor@GigaLaw.com or by U.S. mail to GigaLaw.com, 5310 South Trimble Road, Atlanta, Georgia 30342, United States of America.