Georgia Industrial Materials Exchange User Agreement

The Sustainability Division of the Georgia Department of Natural Resources of the State of Georgia makes the Georgia Industrial Materials Exchange available to you now and in the future subject to the following terms and conditions. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND the Sustainability Division. CAREFULLY READ ALL TERMS AND CONDITIONS IN THIS AGREEMENT BEFORE CHECKING THE "I AGREE" BOX BELOW. BY CHECKING "I AGREE" AND COMPLETING YOUR ACCOUNT CREATION, YOU ARE REPRESENTING THAT (1) YOU ARE AT LEAST 18 YEARS OLD, OR THE APPLICABLE AGE OF CONSENT UNDER LOCAL LAW, AND (2) HAVE THE AUTHORITY TO BIND YOURSELF OR YOUR COMPANY TO THIS AGREEMENT. If you do not agree, you may decline this Agreement by not checking the "I AGREE" box below and discontinuing the account creation process. If you do not agree to these terms and conditions, you will not be able to participate in the Georgia Industrial Materials Exchange.

You are responsible for complying, and you represent, warrant and covenant that you will at all times comply, with all applicable laws or regulations of any applicable jurisdiction. You may not, and you represent, warrant and covenant that you will not, use the Georgia Industrial Materials Exchange in a manner that infringes, violates or misappropriates any third party’s intellectual property rights or in a way that is otherwise illegal or promotes illegal activities.
You may generally publicize your use of the Georgia Industrial Materials Exchange; however, you may not issue any press release with respect to the Georgia Industrial Materials Exchange or this Agreement without the prior written consent of the Sustainability Division.

The Sustainability Division reserves the right to terminate your access to the Georgia Industrial Materials Exchange at any time, for any or no reason and in its sole discretion.

You hereby acknowledge that information provided through the Georgia Industrial Materials Exchange is supplied by the entity listing the material, not the Sustainability Division and you agree that the State of Georgia, the Department of Natural Resources, the Sustainability Division, their board members, officers, employees, agents, representatives, consultants and volunteers assume no responsibility for the accuracy of the any descriptions or the condition of any materials listed on the Georgia Industrial Materials Exchange. THE GEORGIA INDUSTRIAL MATERIALS EXCHANGE IS PROVIDED BY the Sustainability Division ON AN "AS IS" AND "AS AVAILABLE" BASIS. the Sustainability Division MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR OTHERWISE WITH RESPECT TO THE MATERIALS LISTED ON THE GEORGIA INDUSTRIAL MATERIALS EXCHANGE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE GEORGIA INDUSTRIAL MATERIALS EXCHANGE IS AT YOUR SOLE RISK. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, the Sustainability Division DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. the Sustainability Division WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE GEORGIA INDUSTRIAL MATERIALS EXCHANGE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST BUSINESS OR ANTICIPATED PROFITS.

In consideration for participating in the Georgia Industrial Materials Exchange, you hereby waive, release, covenant not to sue, indemnify and hold harmless, the State of Georgia, the Department of Natural Resources, the Sustainability Division, their board members, officers, employees, agents, representatives, consultants and volunteers from any and all claims, demands, rights, causes of action, liabilities, losses, damages, judgments, costs and expenses (including reasonable attorneys’ fees and other professionals’ fees), known or unknown, arising out of or in connection with any claim, action or proceeding that in any way relates to you or your company’s use of the Georgia Industrial Materials Exchange.

You agree that this Agreement is deemed to have been made in the State of Georgia and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of Georgia, without application of conflicts of law principles. Any action brought to enforce this Agreement or to determine any dispute under this Agreement shall be brought exclusively in the Superior Court of Fulton County, Georgia. You further agree to submit to the personal jurisdiction of the Superior Court of Fulton County.

For any questions regarding this Georgia Industrial Materials Exchange User Agreement or the Sustainability Division, you can contact us at 404-651-5120.