Legal Notice

Terms of Use

The Bright from the Start: Georgia Department of Early Care and Learning (DECAL) website is comprised of various web pages operated by DECAL.

The DECAL website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Use of the website constitutes user’s agreement to all such terms, conditions, and notices.

User acknowledges the information, software, products, and services included in or available through the DECAL website may include inaccuracies or errors. Changes are periodically added to the information herein. DECAL and/or its suppliers may make improvements and/or changes to the DECAL website at any time.

Modification of these Terms of Use

DECAL reserves the right to change the terms, conditions, and notices under which the DECAL website is offered, including but not limited to, the charges associated with the use of the DECAL website. Your continued use of the DECAL website is an acknowledgement of your acceptance of any such change.

No Unlawful or Prohibited Use

As a condition of use of the DECAL website, user warrants to DECAL that user will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User may not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

Use of Communication Services for Proper Intent

The DECAL website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). User agrees to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, user agrees that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
Engage in Unprofessional Conduct in relation to the use of the DECAL website or take any action that might injure, tarnish, damage, or otherwise negatively affect the reputation and goodwill associated with DECAL or any other user of the website. Unprofessional Conduct includes, but is not limited to, any behavior or action that could shock, insult, or offend the community, diminish the communication abilities of the website or otherwise bring disgrace or infamy upon the user or DECAL.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including email addresses, without their consent.
Violate any applicable federal and/or state laws or regulations.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

DECAL has the absolute right to edit, refuse to post, or remove any information or materials, in whole or in part, in DECAL's sole discretion.

No Duty to Monitor

DECAL has no obligation to monitor the Communication Services. However, DECAL reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DECAL reserves the right to terminate user's access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Necessary Disclosure

DECAL's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DECAL's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the DECAL website or information provided to or gathered by DECAL with respect to such use. DECAL reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

User Postings

DECAL does not claim ownership of the materials user provides to DECAL, including but not limited to: feedback and suggestions, posts, uploads, inputs and/or submissions to any DECAL website or its associated services (collectively "Submissions"). However, by providing a Submission, user grants DECAL and its affiliated agencies an irrevocable, perpetual license to use any User Submission in connection with the operation of its internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish user's name in connection with user's Submission.

No compensation will be paid with respect to the use of any user Submission, as provided herein. DECAL is under no obligation to post or use any Submission user may provide and may remove any Submission at any time in DECAL's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, user warrants and represents that user owns or otherwise controls all of the rights to user's Submission as described in this section including, without limitation, all the rights necessary for user to provide, post, upload, input, or submit the Submissions.

Links to Third Party Sites

The DECAL website may contain links to other websites (Linked Sites). The Linked Sites are not under the control of DECAL, and DECAL is not responsible for the contents of any Linked Site, including but not limited to, any link contained in a Linked Site and any changes or updates to a Linked Site. DECAL is not responsible for webcasting or any other form of transmission received from any Linked Site. DECAL is providing these links to the user only as a convenience, and the inclusion of any link does not imply endorsement by DECAL of the site or any association with its operators.

Indemnification

User agrees to hold DECAL, its suppliers, its employees, agents, and any of its affiliated agencies harmless from any and all liability, claims, suits, demands, damages, and legal fees made by a third party resulting from any intentional malfeasance or negligent act and or omission to act through content you post, send, or receive using a Communication Service or any other "Service" provided by DECAL or any of it's affiliated agencies.

Disclaimer of Warranties

DECAL and/or its suppliers make no representations as to the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the DECAL website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty and condition of any kind. DECAL and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied or express warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

DECAL unequivocally does not warrant any advice received via the DECAL website. Users should not rely on the website for any personal, medical, legal, or financial decisions. User should consult an appropriate professional for specific advice tailored to your situation.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall DECAL and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages without limitation for any costs incurred by, including but not limited to, loss of use, data, or profits arising out of or any way connected with the use or performance of the DECAL Web Site. Further, DECAL shall not be responsible for any aforementioned damages in conjunction with the delay or inability to use the DECAL website or related services, the provisions of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the website or otherwise arising out of the use of the website. This limitation of liability shall be effective whether based on contract, tort, negligence, strict liability, or otherwise, even if DECAL or any of its suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow for the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the user is dissatisfied with any portion of the website or with any of these terms, user's sole and exclusive remedy is to discontinue use of the web site.

Termination

DECAL reserves the right in its sole discretion to terminate user's access to the website and the related services or any portion thereof at any time, without notice.

Choice of Law

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia, U.S.A. and user hereby consents to the exclusive jurisdiction and venue of courts in Fulton County, Georgia, U.S.A. in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents are drawn up in English.

No Third-Party Beneficiary

User agrees that no third-party beneficiary is created or implied as a result of this agreement or use of the DECAL website.

No Business Relationship

User agrees that no joint venture, partnership, employment, or agency relationship exists between user and DECAL as a result of this agreement or use of the website.

Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DECAL with respect to the website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. Any prior communications, whether electronic, oral or written, are hereby null and void.

Severability

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.