The website to which these Terms and Conditions apply and for
which KLG Education Services, Ltd. (KLG) is responsible is
http://www.georgiacle.cruises (the “Website”). KLG is an independent provider
of seminars. Neither KLG nor this website is part of the State Bar of Georgia’s
Commission on Continuing Lawyer Competency (CCLC) or Institute of Continuing
Legal Education (ICLE).
Please read these Terms and Conditions carefully. These Terms and
Conditions, together with the Privacy Statement, govern the relationship
between KLG and those accessing this Website. By accessing this Website and any
of its pages, you confirm that you have read, acknowledge and agree to be bound
by these Terms and Conditions. If you do not agree to these Terms and
Conditions, do not access this Website.
KLG reserves the right to change these Terms and Conditions at any
time without notice by updating this page. You are responsible for regularly
reviewing these Terms and Conditions and your continued use of this Website
constitutes agreement to all changes.
All references in these Terms and Conditions to “KLG” are
references solely to KLG Education Services, Ltd. All references in these Terms
and Conditions to “you,” “your,” and “yours” are references to person(s)
accessing the Website.
KLG is incorporated in Georgia
Our registered agent’s office is Rachel V. Katz, 4799 Olde Towne
Parkway, Suite 100, Marietta, Georgia 30068-4399 – USA. Our principal place of
business and mailing address is 4799 Olde Towne Parkway, Suite 100, Marietta,
Content of the
This Website is intended to provide general information regarding
KLG’s services, and other information that may interest you. The Website does
not purport to deal with any subject mentioned on it in an exhaustive manner.
The information on the Website, including any opinions expressed
on it, is not intended to and does not constitute financial, accounting, tax,
legal, investment, regulatory, consulting or other professional advice or
KLG reserves the right, in its sole discretion, without any
obligation and without any notice, to change, correct or improve any
information or materials on this Website and to suspend and/or deny access to
this Website at any time for scheduled or unscheduled maintenance, upgrades,
improvements or corrections. KLG may also withdraw this Website at any time
without any obligation or notice.
All information and opinions expressed herein are current as of
the date of its publication and are subject to change without notice. KLG does
not undertake the obligation or the responsibility to update or amend any such
If the Website contains statements or information which relate to
projections or changes to the state or interpretation of the law, you should be
aware that these statements are only predictions; actual events relating to the
state or interpretation of the law may differ materially.
Links to Other
This Website may contain links to other websites or pages which
are not under the control of KLG and have not been reviewed or verified by KLG.
The links to other websites or pages are for information purposes only. KLG
does not accept any responsibility or liability for the content or security of
the websites or pages linked to or from this Website. No endorsement or
approval of any such websites or pages or of their content is expressed or
implied, nor is there an endorsement or approval of any third parties that run
those websites or pages, their advice, opinions, information, products or
services provided on their websites or pages.
Following links to or from any other websites or pages shall be at
your sole risk and KLG accepts no responsibility or liability for any direct or
indirect losses (including consequential losses), damages or penalties
whatsoever that may be incurred by you as a result of any linking to any
location on any linked websites or pages or of defects of such websites or
pages. KLG does not accept any responsibility or liability for any consequence
whatsoever caused by acting upon the contents of such websites or pages.
This Website and all its contents are protected by intellectual
property rights, including copyright, which are either owned by or licensed to
KLG. Materials include, but are not limited to, the design, layout, look,
appearance, sounds, graphics and documents on the Website, as well as other
content such as articles, stories and other text.
“KLG”and the KLG logo and other KLG trademarks and service marks
referred to in these Terms and Conditions and on the Website are trademarks and
service marks of KLG. No permission or license is granted to use any such trade
marks or service marks without the prior written consent of KLG.
The names of other companies and third party products or services
that may be mentioned on the Website may be trademarks or service marks of
their respective owners and you are prohibited from using these marks for any
purpose without the written permission of such other third party which may own
You may not copy, reproduce, license, frame, distribute (via any
medium), publish, display, perform, modify, upload to create derivative works
from, create derivatives works from, transmit, or in any way exploit any part
of this Website, without the prior written consent of KLG.
You may print and download materials from this Website for your
personal and noncommercial use only and when doing so you agree:
- to acknowledge
this Website as the source of the material and not to remove or obscure
any KLG copyright, trade mark or other notices or legends contained in any
- not to modify
any materials in any way; and
- not to use any
graphics separately from accompanying text.
Regulations & Restrictions
KLG controls and maintains this Website from the United States of
America. This Website and its contents are not directed at any person in any
jurisdiction where for any reason (including but not limited to that person’s
nationality or residence) the publication or availability of this Website is
prohibited. Those to whom such prohibitions apply must not access this Website.
KLG makes no representation that (i) any of the materials and
information on this Website, (ii) any legal services that may be deemed to be
available on his Website; or (iii) anything else on this Website, are
appropriate, permitted or available for the use in other locations or
The distribution of the information or materials contained on this
Website may be restricted or prohibited in certain jurisdictions. Those who
access this Website do so on their own initiative and are therefore responsible
for compliance with applicable local laws and regulations. By accessing this
Website, you have agreed that you have reviewed all the legal or regulatory
terms. Legal advice should be sought in cases of doubt. You may not necessarily
be able to deal directly with all or any KLG entities.
This website is hosted in the United States of America.
KLG is an independent provider of seminars for lawyers. Nothing on
this Website contains or should be construed to contain an offer to perform
KLG makes no representation or warranty of any kind whatsoever,
expressed or implied, regarding this Website or the information and material
contained or referred to on this Website. The information and material contained
on this Website is provided for information purposes only.
Whilst KLG has endeavored to ensure the accuracy of the
information and materials on his Website, the Website may include technical,
typographical and other errors or inaccuracies and therefore KLG does not
guarantee or give any warranty as to the accuracy, timeliness or completeness
of any information or material on this Website.
The information and materials on this Website are provided “as
is”, “as available” basis without warranty or representation of any kind
whatsoever, either express or implied, to the fullest extent permissible
pursuant to applicable law, including but not limited to warranties of
merchantability, satisfactory quality or fitness for a particular purpose.
KLG accepts no liability and will not be liable for any loss or
damage arising directly or indirectly (including special, incidental or
consequential loss or damage) from your use of this Website, howsoever arising,
and including any loss, damage, or expense arising from, but not limited to,
any defect, error, imperfection, fault, mistake or inaccuracy with this
Website, its contents or associated services or due to any unavailability of
the Website or any part thereof or any contents or associated services.
KLG does not guarantee that this Website will be compatible with
all or any hardware and software used by you. KLG does not guarantee that this
Website will be available all the time or at any specific time, that access
will be uninterrupted, that there will be no delays, failure, errors or
omissions or loss of transmitted information. KLG will not be liable to for any
physical loss or damage to your computer as a result of your use of this
Website, including any damage arising as a result of a virus. You have sole responsibility
for adequate protection and back up of data and/or equipment.
KLG does not guarantee that any e-mails from this Website will be
sent to you or received by KLG, nor does KLG warrant the privacy and/or
security of e-mails during internet transmission.
These Terms and Conditions do not exclude or attempt to exclude
KLG’s liability (if any) to you where this is not permitted by law.
commerce and that the Federal Arbitration Act governs the interpretation and
enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or
in connection with your access to, and/or use of the Site, and/or the provision
of content, services, and/or technology on or through the Site, including, but
not limited to the educational seminars advertised on the Site, KLG or you must
give the other notice of the dispute, claim, or controversy which notice will
include a brief written statement that sets forth the name, address, and
contact information of the party giving it, the facts giving rise to the
dispute, claim, or controversy and the relief requested.
You must send any such notice to KLG by email to Rachel V. Katz AND by
U.S. Mail to Rachel V. Katz, KLG Education Services, Ltd., 4799 Olde Towne
Parkway, Suite 100, Marietta, Georgia 30068-4399.
To the extent that KLG has your contact information, it will send
any such notice to you by U.S. Mail, or otherwise to your email address. KLG
and you will attempt to resolve any dispute, claim, or controversy through
informal negotiation within thirty (30) days from the date that any notice of
dispute, claim, or controversy is sent. KLG and you shall use reasonable, good
faith, efforts to settle any dispute, claim, or controversy through
consultation and good faith negotiations.
After 30 days, KLG or you may resort to the other alternatives
described in this Section. Notwithstanding the foregoing, the notice and 30 day
negotiation period required by this paragraph shall not apply, however, to
disputes, claims, or controversies concerning patents, copyrights, moral
rights, trademarks, and trade secrets and claims of piracy or unauthorized use
of the Site.
Except as otherwise specifically set forth below, any dispute,
claim, or controversy of any kind between KLG and you arising under these Terms
of Use or in connection with your access to, and/or use of the Site, and/or the
provision of content, services, and/or technology on or through the Site,
including but not limited to the cruises and seminars advertised on the Site,
if unresolved through informal discussions within thirty (30) days of receipt
of notice, shall be resolved by binding arbitration to be held in Atlanta,
Georgia. Notwithstanding the foregoing, disputes, claims, or controversies
concerning patents, copyrights, moral rights, trademarks, and trade secrets and
claims of piracy or unauthorized use of the Site shall not be subject to
The arbitration shall be conducted by a single arbitrator,
governed by JAMS Streamlined Arbitration Rules ( "JAMS Rules"), as
information are available at here or by calling JAMS at 1+ 404.588.0900
JAMS Rules govern payment of filing fees and arbitration fees. The
decision of the arbitrator will be in writing and binding and conclusive on KLG
and you, and judgment to enforce the decision may be entered by any court of
competent jurisdiction. KLG and you agree that dispositive motions, including
without limitation, motions to dismiss and motions for summary judgment will be
can award the same damages and relief as a court, including injunctive or other
equitable relief and attorney’s fees.
Notwithstanding the foregoing, KLG and you agree not to seek any
attorney’s fees and expert witness costs unless the arbitrator finds that a
claim or defense was frivolous or asserted for an improper purpose. KLG and you
understand that, absent this mandatory arbitration provision, KLG and you would
have the right to sue in court and have a jury trial. KLG and you further
understand that, in some instances, the costs of arbitration could exceed the
costs of litigation and the right to discovery may be more limited in
arbitration than in court.
If your claim is solely for monetary relief of $10,000 or less,
and does not include a request for any type of equitable remedy, you may choose
whether the arbitration will be conducted solely based on documents submitted
to the arbitrator, through a telephonic hearing, or by an in-person hearing
under JAMS Rules.
If any clause within these arbitration provisions is found to be
illegal or unenforceable, that specific clause will be severed from these
arbitration provisions, and the remainder of the arbitration provisions will be
given full force and effect. In the event some or all of these arbitration
provisions are determined to be unenforceable for any reason, or if a claim,
dispute or controversy is brought that is found by a court to be excluded from
the scope of these arbitration provisions, KLG and you agree to waive, to the fullest
extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any
claims asserted by you against any present or future parent or affiliated
company of KLG to the extent that any such claims arise out of your access to,
and/or use of the Site, and/or the provision of content, services, and/or
technology on or through the Site.
PLEASE READ THIS
SECTION CAREFULLY —IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS
KLG and you agree that KLG and you will resolve any disputes,
claims or controversies on an individual basis, and that any claims brought
limited to the cruises and seminars advertised on the Site, will be brought in an
individual capacity, and not on behalf of, or as part of, any purported class,
consolidated, or representative proceeding. KLG and you further agree that KLG
and you shall not participate in any consolidated, class, or representative
proceeding (existing or future) brought by any third party arising under these
If any court or arbitrator determines that the class action waiver
set forth in this paragraph is void or unenforceable for any reason or that
arbitration can proceed on a class basis, then the disputes, claims or
controversies will not be subject to arbitration and must be litigated in a
state or federal court located in Atlanta, Georgia.
The terms of this provision will also apply to any claims asserted
by you against any parent or affiliated company of KLG to the extent that any
such claims arise out of your access to, and/or use of the Site, and/or the
provision of content, services, and/or technology on or through the Site.
Jurisdiction & Venue
These Terms and Conditions and your use of this Website are
governed by and construed in accordance with the laws of the United States of
America and the State of Georgia, including, without limitation, The Federal
Arbitration Act, 9 U.S.C. § 1 et seq. By accessing this website, you agree that
the JAMS’ Atlanta, Georgia office and the federal and state courts located in
the State of Georgia have exclusive jurisdiction and venue over any disputes in
connection with or arising out of your use of this Website.
If any part of these Terms and Conditions is found by any court or
other competent authority to be invalid, unlawful or unenforceable then such
part will be severed from the rest of the Terms and Conditions which will
continue to be valid and enforceable to the fullest extent possible by law.