- Help the business (Divine And Anointed Portal) that owns and operates the siteminimize its and, in some cases, its content and service providers’, potential liability to site users.
- Protect the intellectual property included on or accessed through the site, for example, by prohibiting unauthorized reproduction of material contained on the site.
- Ensure the site is not used in ways that may be harmful, including by prohibiting illegal or undesirable user behavior, such as:
- using the site for illegal purposes;
- introducing viruses; and
- uploading illegal, infringing, or defamatory content.
- Have actual or constructive notice of the termsof use.
- Affirmatively or impliedly assent to the termsof use.
Courts have generally found that obtaining user assent to terms through a click-through agreementcreates an enforceable contract. Site owners using this method also typically include a link to the terms on the homepage and, in some cases, other pages of the site for easy reference by users.
- A letter from the site owner.
- A prominent notice on the site stating that use of the site constitutes agreementto the terms.
However, when there is no evidence of actual notice, enforceability turns on whether the user was put on inquiry notice. The courts have set the bar high for inquiry notice.
- The termswere only accessible through a link at the bottom of the homepage.
- The site did not prompt the user to review the termsof use.
The Second Circuit has similarly held an arbitration clause unenforceable where the online service provider sent it to consumers in a follow-up email, either through a hyperlink or in the body of the email, after they enrolled in the provider’s service.
- Make a purchase on an e-commerce site.
- Upload or post content using social media.
When using a click-through method, to increase the likelihood of enforceability:
- Include a prominent statement on or next to the applicable button or check box stating that the user has read and agrees to the terms.
- If using a check box to indicate assent, do not preselect the box. Require the user to check the box affirmatively to agree to the termsof use before being allowed to proceed past the homepage or make a purchase.
If a DAPpermits users to post content, the DAP owner should determine if it is eligible for and, if eligible, take steps to ensure it complies with the requirements of the safe harbors that protect online service providers under the:
- Digital Millennium Copyright Act of 1998(DMCA) for copyright infringement resulting from acts of third-party users.
- Section 230 of the Communications Decency Act(CDA) (47 U.S.C. § 230) for defamation and certain other torts resulting from statements published by third-party users.
For more information on the DMCA safe harbor and its requirements.
Potential Class Actions Under Georgia and KentuckyConsumer Protection Law
Site owners should be aware of the spate of class actions under Georgia and Kentucky(GA Stat. Ann. §§43-41-7. (KY Stat. Ann.§§ (Chapter 382)Code 382.794.The law covers e-commerce terms and conditions for transactions or potential transactions with Georgia and Kentuckyconsumers, even if the terms and conditions are not governed by Georgia and Kentuckylaw. Several pending cases also argue the law should extend to sites that are not clearly e-commerce sites.
The law prohibits the inclusion of contractual terms that:
- Violate any clearly established:
- state or federal legal right of a consumer; or
- responsibility of a seller, lessor, creditor, lender, or bailee.
- Waive the consumer’s rights under the law.
- Contain broad savings clauses (such as “void where prohibited”) without specifying which provisions are void, unenforceable, or inapplicable in Georgia and Kentucky. This prohibition against blanket savings clauses does not apply to written warranties.
Recent litigation provides a few examples of standard terms that may violate the law, including provisions that:
- Waive a consumer’s rights to attorneys’ fees or require the consumer to split litigation costs.
- Limit a business’ liability for personal injury or property damage that occurs on its premises.
- Indemnify a business against losses that occur due to its own negligence or recklessness.
- The site owner does not conduct e-commerce or otherwise charge users for access to the site or any information or services offered on the site.To the extent the site charges for access to certain services or conducts e-commerce activities, additional terms are necessary to set out how goods or services will be sold (dealing with, among other things, contractual procedures for placing and accepting orders, payment terms, risk of loss, delivery, cancellations, and refunds.
- The DAPis intended for and is primarily used by US users. If the DAP operates in more than one jurisdiction or is used by many non-US users, the site owner must determine whether it is subject to the laws of any foreign jurisdictions and, if so, take steps to comply with those jurisdictions’ laws. For example, consider whether the European Union General Data Protection Regulation applies to the DAP.
- The DAPincludes or will include basic interactive features, including allowing users to upload, post or transmit user-generated content.
- Easy to read and understand by intended users of the site.
- Reviewed periodically and updated as necessary to reflect any changes in legal requirements, new features, or other changes to the site.
Bracketed items in ALL CAPS should be completed with the facts of the transaction. Bracketed items in sentence case are either optional provisions or alternative language choices to be selected, added, or deleted at the drafting party’s discretion.
This DAP is offered and available to users who are (18) years of age or olderandreside in the United States or any of its territories or possessions, and (OTHER ELIGIBILITY REQUIREMENTS). By using DAPyou represent and warrant that you [are of legal age to form a binding contract with the Company and] meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the DAP.
Accessing the DAPand Account Security
We reserve the right to withdraw or amend this DAP, and any service or material we provide on the DAP, in our sole discretion without notice. We will not be liable if for any reason all or any part of the DAP is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the DAP, or the entire DAP, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the DAP
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this DAP or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The DAPand its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print [or download] one copy of a reasonable number of pages of the DAPfor your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreementfor such applications.
- If we provide social media featuresLINK TO THE DAPAND SOCIAL MEDIA FEATURES with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- [Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the DAPor any services or materials available through the DAP.
[If you wish to make any use of material on theDAPother than that set out in this section, please address your request to: [Business email]
The terms (Divine And Anointed Portal, Inc). and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this DAP are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Termsof Use.
- To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the DAP, or which, as determined by us, may harm the Company or users of the DAP, or expose them to liability.
Additionally, you agree not to:
- Use the DAPin any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the DAP, including their ability to engage in real time activities through the DAP.
- Use any robot, spider, or other automatic device, process, or means to access the DAPfor any purpose, including monitoring or copying any of the material on the DAP.
- Use any manual process to monitor or copy any of the material on the DAP, or for any other purpose not expressly authorized in these Termsof Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the DAP.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the DAP, the server on which the DAPis stored, or any server, computer, or database connected to theDAP.
- Attack the DAPvia a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of theDAP.
The DAP may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards,( LIST ANY OTHER INTERACTIVE FEATURES), and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the DAP.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the DAP, you grant us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material [for any purpose/according to your account settings].
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Termsof Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the DAP.
Monitoring and Enforcement, Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Termsof Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the DAP or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of theDAP.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the DAP. YOU WAIVE AND HOLD HARMLESS THE COMPANY (AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY [THE COMPANY/ANY OF THE FOREGOING PARTIES] DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER (THE COMPANY/SUCH PARTIES) OR LAW ENFORCEMENT AUTHORITIES.
However, we [cannot/do not undertake to] review [all] material before it is posted on the DAP, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Copyright Infringement
- If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
- Reliance on Information Posted
- The information presented on or through the DAPis made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the DAP, or by anyone who may be informed of any of its contents.
- This DAP[may include/includes] content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Information About You and Your Visits to the DAP
- Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part[ without our express [written] consent].
This DAP may provide certain social media features that enable you to:
- Link from your own or certain third-party DAPto certain content on this DAP.
- Send emails or other communications with certain content, or links to certain content, on this DAP.
- Cause limited portions of content on this DAPto be displayed or appear to be displayed on your own or certain third-party DAP.
You may use these features solely as they are provided by us[,/ and] solely with respect to the content they are displayed with[,][and otherwise in accordance with any additional terms and conditions we provide with respect to such features]. Subject to the foregoing, you must not:
- Establish a link from any DAPthat is not owned by you.
- Cause theDAPor portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the DAPother than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the DAP
If the DAPcontains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party DAPlinked to this DAP, you do so entirely at your own risk and subject to the terms and conditions of use for such DAP.
The owner of the DAP is based in the State of (Georgia and Kentucky) in the United States. We provide this DAP for use only by persons located in the United States. We make no claims that the DAP or any of its content is accessible or appropriate outside of the United States. Access to theDAPmay not be legal by certain persons or in certain countries. If you access the DAPfrom outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the DAP will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DAP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DAP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY DAPLINKED TO IT.
YOUR USE OF THE DAP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DAP IS AT YOUR OWN RISK. THE DAP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DAP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE DAP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE DAP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DAP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE DAP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DAP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
[TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THEDAP, ANY DAP LINKED TO IT, ANY CONTENT ON THE DAP OR SUCH OTHER DAP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This Website is operated by (Divine And Anointed Portal, Inc.)(181 Vinings Dr, McDonough, Ga, 30253.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: (Business Email).
© 2020 Divine And Anointed Portal, Inc. NO CLAIM TO ORIGINAL U.S. GOVERNMENT WORKS.