Disclaimer

TERMS OF USE AND ADVERTISING TERMS

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR PURCHASING ANY SERVICE WITH THE GERVAIS GROUP, LLC OR ANY OTHER WEBSITE RELATED SERVICES THE GERVAIS GROUP HAS TO OFFER.

By using the information contained in this website or any other website owned, operated, licensed, affiliated or controlled by THE GERVAIS GROUP, you signify your agree to these terms of use. THE GERVAIS GROUP reserves the right to change, modify, add, or delete portions of these terms at any time. Continued use of this site or any other THE GERVAIS GROUP website following the posting of such changes to the terms of use will indicate that you accept those changes.

RESTRICTIONS ON USE OF MATERIALS: Unless otherwise noted, all materials, including images, illustrations, icons, photographs, and written and other materials that are part of this website or any other THE GERVAIS GROUP website are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by THE GERVAIS GROUP No information from this website or any other THE GERVAIS GROUP website may be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way, provided, however, you may download, where specifically permitted, a copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Alteration of the information or use of the materials for any other purpose is a violation of THE GERVAIS GROUP'S copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other website or networked computer is prohibited. All trademarks and trade names are the exclusive property of THE GERVAIS GROUP.

INFORMATION PROVIDED ON SITES; NO PROFESSIONAL ADVICE The content contained on this website is the sole responsibility of the client. THE GERVAIS GROUP and the Gervais Group we cannot and do not guarantee the accuracy, sufficiency, completeness, correctness or timeliness of such information by THE GERVAIS GROUP or any Advertisers on the site. You are responsible for confirming the accuracy and reliability of all information provided on the Sites prior to making any decisions based on such information. As such you (client) remain liable for any material protected by copyright, trademark, patent or trade secret law used in your content without the permission of the owner or author, and for defamatory material in any of your content. THE GERVAIS GROUP is not responsible for reviewing your content before it appears on any website. You represent that; your content contains no offensive, harassing, defamatory, indecent or obscene material, and does not violate any applicable laws, regulation, or judicial rulings; your content is not false, misleading, deceptive, or fraudulent; you will endeavor in good faith to honor all promises, offers, and statements you make in your content and in any related materials, products, services, or communications you offer or make through your content; you own or are authorized to use your content and all trademarks, trade names, and similar materials of any kind which are included in your content; and your content does not infringe upon or violate any intellectual property, proprietary, or other rights of THE GERVAIS GROUP, its affiliates, and any third party. THE GERVAIS GROUP reserves the right, in its sole discretion, to refuse to display or to remove from THE GERVAIS GROUP web site at any time any content that it reasonably regards as violating this provision or as otherwise inappropriate or inconsistent with THE GERVAIS GROUP or the Gervais Group policies. THE GERVAIS GROUP reserves the right to release current or past information related to you if THE GERVAIS GROUP believes that you, your content, the web site or your account is in violation of any criminal laws or is being used to commit unlawful acts, or if the information is subpoenaed.

FORUMS AND PUBLIC COMMUNICATION: You shall not upload to, distribute through, or otherwise publish through a forum on this website or any other THE GERVAIS GROUP website any content which is offensive, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. It is our policy to respect the privacy of all guests. Therefore, subject to the terms of THE GERVAIS GROUP privacy statement, in general, we will not disclose the contents of a guest's e-mail unless required in the course of normal maintenance of this website or any other THE GERVAIS GROUP website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on THE GERVAIS GROUP; (2) protect and defend the legitimate business interests, rights or property of THE GERVAIS GROUP, it's users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

NO WARRANTIES OR REPRESENTATION: THIS SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO INET GLOBAL SOLUTIONS, ITS OWNERS, EMPLOYEES, REPRESENTATIVES AND ITS AFFILIATES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK.

GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, Paulding County, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the Superior and/ or the State Court of Paulding County, State of Georgia and jurisdiction therefore shall rest solely in.

CONSENTS AND WAIVERS: The failure of THE GERVAIS GROUP at any time to require, insist upon or enforce performance of any provision hereof shall not be construed as a waiver or affect its right at a later time to enforce the same. No waiver by a Party of any condition or any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver of any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.

INDEMNIFICATION: You agree to indemnify, defend and hold harmless The Gervais Group, LLC, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this website, your content, or any action(s) whatsoever to enforce or defend the terms of this disclaimer.

FORCE MAJEURE: THE GERVAIS GROUP shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the Internet access service being used by www.gervaisgroup.com, www.inetglobalsolutions.com, and www.designsbyinet.com to link its servers to the Internet.

NOTICES: All notices required under this Agreement shall be in writing and shall be made either by conventional mail, overnight courier, or other commercial delivery services at the principle place of business as registered with the Secretary of State, State of Georgia and the listed address for the client as provided in the contract. THE GERVAIS GROUP may also broadcast notices or messages through the Site to inform you of changes to this Agreement, a Service, or other matter.

LINKS TO OTHER WEBSITES: THE GERVAIS GROUP contains links to third-party websites. These links are provided exclusively as a convenience to you and do not constitute endorsement or approval by THE GERVAIS GROUP of the content on such third-party websites. THE GERVAIS GROUP is not responsible for the content of linked third-party sites, which could be considered offensive by certain readers. THE GERVAIS GROUP does not make any representations regarding the content or accuracy of materials on such third-party websites. Accessing a linked third-party website is done at your own risk. Use of third-party websites may also be subject to the terms and conditions of use of such sites. The use of a hyperlink is not an endorsement of a company, product, or opinion. The use of the hyperlink does not imply that THE GERVAIS GROUP agrees with the content being linked to and we do not guarantee that the content contains accurate information. THE GERVAIS GROUP has no obligation to link to any site.

INTELLECTUAL PROPERTY (Trademarks and Copyrights): Unless otherwise indicated, THE GERVAIS GROUP owns all copyrights in the materials on this site. Any redistribution, resale, retransmission, or publication of the copyrighted material posted on this site is strictly prohibited without the express written consent of THE GERVAIS GROUP. You agree not to change or delete any proprietary notices including copyright and trademark symbols or other notices from materials downloaded from THE GERVAIS GROUP. THE GERVAIS GROUP, the distinctive look and feel, GIF, JPEG, graphic and icon designs on this site are trade names, trademarks and/or service marks of THE GERVAIS GROUP and are protected by state, federal, and international law. Any other marks used on this Site are the property of their respective owners. Nothing in this Agreement shall be construed as conferring on any third party, by implication, or otherwise, a license or right under any copyright, patent, or trademark owned by THE GERVAIS GROUP. Third-party websites may use the THE GERVAIS GROUP logo by obtaining written consent from THE GERVAIS GROUP, and agree to use the logo or mark in conformance with THE GERVAIS GROUP’S Linking Agreement.

LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GERVAIS GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE GERVAIS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 

A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE GERVAIS GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. THE GERVAIS GROUP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE GERVAIS GROUP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

DISCLAIMER OF WARRANTIES, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: THE GERVAIS GROUP is not providing or attempting to provide any real estate, appraisal, legal, or other professional services.   THE GERVAIS GROUP is engaged in providing real estate advertising services only.  If legal, appraisal, or real estate advice, or other professional services or assistance is required to assist any THE GERVAIS GROUP user or advertiser in any way, you are hereby recommended to seek advice from a licensed professional with experience dealing with the nature of the matter you need assistance with.  Except as expressly set forth herein, no refunds shall be made.  There is no refund for internet advertising (Inet banners/advertisements) after the ad is published online. THE GERVAIS GROUP expressly reserves the right, at it's sole discretion, to electronically block either the access to our sites or the use of any of the sites features by any specific user. Your use of THE GERVAIS GROUP site or advertising therein shall constitute your acceptance of these terms and conditions. THE GERVAIS GROUP may amend these terms and conditions by posting any change on this page. Additionally if any term herein is ruled non enforceable or illegal or not given the full effect and consequence that it was intended for any reason in any jurisdiction, then as and to the full extent possible all the other terms herein shall remain fully applicable and enforceable.

CANCELLATION: CANCELLATION MUST BE MADE IN WRITING AND SUBMITTED TO CUSTOMER SERVICE AND IS ONLY AVAILABLE TO HOSTED ACCOUNTS PAYING MONTHLY HOSTING FEES. ALL CONTRACTUAL FEES WILL BE DUE IMMEDIATELY AFTER THE SERVICES HAVE BEEN RENDERED. THE GERVAIS GROUP HAS A NO REFUND POLICY WHATSOEVER FOR ALL SERVICES RENDERED.

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