This Law Enforcement Membership Agreement ("Agreement") is entered into between Georgia Defense Network, LLC, a Georgia limited liability company ("GDN"), and the undersigned member ("Member"), individually, as of the Effective Date established upon Member's digital enrollment.
309 Pirkle Ferry Road · Building B-200 · Cumming, Georgia 30040 · kyle@eppslegal.com · 678-455-4610
GDN's Blue Defense Division offers the 360 Defense Plan exclusively to active and retired law enforcement officers, correctional officers, and sworn peace officers ("Covered Personnel") employed by or previously employed by a state, county, or municipal law enforcement agency. Federal officers are not eligible for enrollment in the Blue Defense membership program.
Retired law enforcement officers who previously served with a qualifying state, county, or municipal law enforcement agency may enroll in the 360 Defense Plan at their election without restriction.
The 360 Defense Plan is GDN's single comprehensive Blue Defense membership. It provides Member with on-call legal consultation, immediate initial legal response, full representation or referral in connection with criminal charges, grand jury proceedings, and administrative hearings arising from a Covered Incident, and ongoing case monitoring and legal strategy consultation for the duration of the matter, all as further described in Section 2 and subject to the exclusions set forth in Section 8. There are no riders, no add-on tiers, and no separate engagement required for the services described in this Agreement.
Individual Coverage — $29.99/month. Individual coverage applies to the enrolled Member only.
Family Coverage — $49.99/month. Family coverage extends the full scope of the 360 Defense Plan to the Member's spouse or domestic partner and to any individual whom the Member claims as a dependent for federal income tax purposes, regardless of whether that dependent resides in the Member's household. Family coverage is intended to reach, by way of example and not limitation, a Member's dependent child enrolled in college away from home. Each covered family member receives the same scope of coverage and the same exclusions as the enrolled Member under this Agreement.
Verification of Dependent Status. GDN reserves the right, at the time a Covered Incident is reported on behalf of a family member, to request reasonable proof that the individual qualified as the Member's spouse, domestic partner, or federal tax dependent as of the date of the incident, including the relevant page of the Member's most recent federal income tax return. Coverage for a claimed family member who did not so qualify as of the date of the incident may be denied. A family member may not be added after a Covered Incident has occurred for the purpose of obtaining coverage for that incident.
For purposes of this Agreement, a "Covered Incident" means any event, use of force, defensive use of a firearm, arrest, detention, search, administrative complaint, or criminal investigation arising from Member's performance of official law enforcement duties or from Member's lawful use or defense of force, whether occurring while Member is on duty or off duty. Off-duty incidents are covered under this Agreement on the same basis as on-duty incidents, except as provided in the alcohol provision set forth in Section 8.13.
Where a Covered Incident involves the serious bodily injury or death of any person, GDN's obligation to respond is elevated and immediate, and Member shall receive priority activation of legal services under the 360 Defense Plan without delay. Serious bodily injury or death incidents shall be treated as the highest classification of Covered Incident under this Agreement.
Incidents arising from conduct outside the scope of official duties, personal conduct, or off-duty activity unrelated to law enforcement functions are not Covered Incidents unless expressly stated otherwise in writing by GDN.
Legal services provided under this Agreement are offered through The Epps Law Group, LLC, with Kyle E. Epps III serving as GDN's Founding Attorney. Member acknowledges that GDN is a membership organization that provides access to legal services and is not itself a law firm. Legal representation, where it arises, is provided by The Epps Law Group, LLC, or such other licensed Georgia attorney as may be designated by GDN through its attorney panel.
Upon the occurrence of a Covered Incident, the following workflow governs GDN's response:
GDN shall make reasonable best efforts to facilitate initial attorney contact following Member's notice of a Covered Incident. Where a Covered Incident involves serious bodily injury or death as defined in Section 1.4, GDN shall make reasonable best efforts to facilitate initial attorney contact within one (1) hour of notice.
Legal services under this Agreement are provided in connection with Covered Incidents occurring within the State of Georgia. Representation in matters arising outside the State of Georgia is not included under this Agreement and shall require a separate engagement agreement.
GDN and The Epps Law Group, LLC reserve the right to refer Member to qualified co-counsel or outside counsel in any matter where the complexity, jurisdiction, or nature of the Covered Incident warrants additional legal resources. Any such referral does not terminate Member's coverage under this Agreement, and GDN shall coordinate the referral at no additional cost to Member unless separate representation terms are required by outside counsel.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles. Any question concerning the validity, interpretation, or enforcement of this Agreement shall be resolved exclusively under Georgia law.
Member acknowledges that the Founding Attorney and all panel attorneys operating under this Agreement are licensed in the State of Georgia and are bound by the Georgia Rules of Professional Conduct as adopted by the State Bar of Georgia. Nothing in this Agreement shall be construed to require or permit any attorney operating under this Agreement to act in contravention of those rules.
If any provision of this Agreement is found to be invalid, unenforceable, or contrary to Georgia law by a court or arbitrator of competent jurisdiction, that provision shall be severed from the Agreement and the remaining provisions shall continue in full force and effect as if the severed provision had never been included.
Except as otherwise provided in Section 5 of this Agreement regarding mandatory arbitration, the exclusive venue for any legal proceeding arising out of or related to this Agreement, Member's membership, or the services provided hereunder shall be the Superior Court of Forsyth County, Georgia. Member expressly consents to personal jurisdiction in Forsyth County, Georgia and waives any objection to venue in that forum on the basis of inconvenience or otherwise.
By executing this Agreement, Member irrevocably submits to the personal jurisdiction of the state courts of Forsyth County, Georgia for the resolution of any dispute not subject to arbitration under Section 5. Member further waives any right to remove any such proceeding to federal court except where removal is required by applicable federal law.
Notwithstanding the arbitration provisions set forth in Section 5, GDN reserves the right to seek emergency injunctive or equitable relief in the Superior Court of Forsyth County, Georgia where necessary to prevent irreparable harm, protect confidential information, or enforce the terms of this Agreement pending the outcome of arbitration. The pursuit of emergency relief shall not constitute a waiver of GDN's right to compel arbitration.
Arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") as in effect at the time the demand for arbitration is filed, except as modified by this Agreement. In the event of a conflict between the AAA rules and this Agreement, this Agreement controls. Information regarding the AAA and its rules is available at www.adr.org.
Arbitration shall be conducted before a single neutral arbitrator selected in accordance with the AAA Commercial Arbitration Rules. The arbitrator shall be a licensed Georgia attorney with no less than ten (10) years of experience in commercial litigation, employment law, or legal malpractice matters. The arbitrator shall have the authority to award any remedy available at law or in equity, subject to the limitations set forth in this Agreement.
The seat of arbitration shall be Forsyth County, Georgia. All hearings, proceedings, and conferences shall be conducted in Forsyth County, Georgia unless the parties mutually agree in writing to an alternative location or remote proceeding.
The arbitrator shall apply Georgia substantive law to all disputes arising under this Agreement. The arbitrator shall not apply the law of any other state or jurisdiction regardless of where Member resides or where the Covered Incident occurred.
Each party shall bear its own attorneys' fees and costs in connection with any arbitration proceeding unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys' fees and costs to the prevailing party. AAA administrative fees shall be allocated in accordance with the AAA Commercial Arbitration Rules unless the arbitrator orders otherwise.
The following matters are expressly excluded from mandatory arbitration and may be pursued in the Superior Court of Forsyth County, Georgia as provided in Section 4:
All arbitration proceedings, filings, awards, and related communications shall be kept strictly confidential by both parties. Neither party shall disclose the existence, content, or outcome of any arbitration to any third party without the prior written consent of the other party, except as required by law or as necessary to enforce an arbitration award.
The arbitrator's award shall be final and binding on both parties. Judgment upon the award may be entered in the Superior Court of Forsyth County, Georgia or any other court of competent jurisdiction. The parties waive any right to appeal the arbitrator's award except on the grounds specified in the Federal Arbitration Act or the Georgia Arbitration Code, O.C.G.A. § 9-9-1 et seq.
Member agrees to pay the monthly membership fee corresponding to the coverage level elected at the time of enrollment — Individual or Family. All fees are stated in United States dollars. Members who elect annual billing shall be charged the applicable monthly rate multiplied by twelve (12) as a single annual payment due on the enrollment anniversary date each year ("Annual Billing Date"). All fees are due and payable on the applicable Billing Date or Annual Billing Date, as determined by Member's elected billing cycle.
At the time of enrollment, Member shall elect either a month-to-month billing cycle or an annual billing cycle. The elected billing cycle governs the frequency of charges under this Agreement. Member may request a change in billing cycle at any time, provided that any such change shall take effect at the start of the next applicable billing period and shall not result in a refund of fees already charged for the current period.
Member shall provide a valid credit card, debit card, or approved electronic payment method at the time of enrollment. Member authorizes GDN to charge the applicable membership fee to the payment method on file on each Billing Date or Annual Billing Date, as applicable, without further authorization, for so long as this Agreement remains in effect. Member is responsible for maintaining current and accurate payment information in Member's account.
In the event a payment is declined or otherwise fails on the applicable Billing Date or Annual Billing Date, GDN shall make reasonable efforts to notify Member of the failed payment. Member shall have five (5) calendar days from the date of notice to cure the failed payment by providing updated payment information or authorizing an alternative payment method. If the failed payment is not cured within the five-day cure period, GDN reserves the right to suspend Member's coverage under this Agreement until payment is received in full. Suspension of coverage during a payment cure period does not constitute termination of this Agreement.
This Agreement and Member's membership plan shall automatically renew at the end of each billing period — monthly or annual, as elected by Member — unless cancelled in accordance with Section 7 of this Agreement. Member acknowledges and agrees that membership fees will continue to be charged to the payment method on file at the then-current rate for Member's elected plan and billing cycle until cancellation is effectuated in accordance with Section 7.
Members enrolled on an annual billing cycle who cancel this Agreement in accordance with Section 7 prior to the expiration of the then-current annual term shall not be entitled to a refund of any portion of the annual fee already charged, except as expressly required by applicable Georgia law. The membership shall remain active through the end of the paid annual term following which no further charges shall be assessed.
GDN reserves the right to adjust membership fees upon no less than thirty (30) days written notice to Member prior to the effective date of any fee change. Notice shall be provided to the email address on file in Member's account. Member's continued enrollment following the effective date of a fee adjustment constitutes acceptance of the adjusted fee. If Member does not accept the adjusted fee, Member may cancel this Agreement in accordance with Section 7 prior to the effective date of the change without penalty.
For Members enrolled on a month-to-month billing cycle, membership fees are non-refundable except as expressly provided in this Agreement or required by applicable Georgia law. Cancellation stops future billing but does not entitle Member to a refund of any fees already charged for the current or any prior billing period.
Member is responsible for any applicable taxes, levies, or government-imposed charges arising in connection with Member's membership, to the extent required by applicable law. GDN reserves the right to collect and remit such taxes where required.
Member may cancel this Agreement at any time by providing written notice to GDN through one of the following methods: (a) Email to the GDN member services address on file at the time of cancellation; (b) Written notice delivered by United States mail, certified, return receipt requested, to GDN's principal place of business at 309 Pirkle Ferry Road, Building B-200, Cumming, Georgia 30040; or (c) Through Member's online account portal, where cancellation functionality is made available by GDN. Cancellation is effective upon GDN's receipt and confirmation of the cancellation request. GDN shall provide written confirmation of cancellation to Member's email address on file within three (3) business days of receipt.
For Members enrolled on a month-to-month billing cycle, cancellation shall take effect at the end of the current billing period in which the cancellation request is received. Member shall retain full access to membership benefits through the end of the current billing period. No further charges shall be assessed following the effective cancellation date.
For Members enrolled on an annual billing cycle, cancellation shall take effect at the expiration of the then-current annual term. Member shall retain full access to membership benefits through the end of the paid annual term. No refund of any portion of the annual fee shall be issued except as expressly required by applicable Georgia law. No further charges shall be assessed following the expiration of the paid annual term.
Member acknowledges that cancellation of this Agreement while a Covered Incident is actively pending does not terminate GDN's obligation to complete services already initiated and accepted under the applicable membership plan prior to the effective cancellation date. GDN's obligation extends only to services initiated prior to the effective cancellation date. No new Covered Incidents arising after the effective cancellation date shall qualify for coverage under this Agreement.
GDN reserves the right to cancel this Agreement and terminate Member's membership upon thirty (30) days written notice to Member for any of the following reasons:
Notwithstanding Section 7.5, GDN reserves the right to terminate this Agreement immediately and without advance notice upon a finding that Member has engaged in fraud, material misrepresentation, or criminal conduct directed at GDN, its personnel, or its panel attorneys. In the event of immediate termination for cause, no refund of any fees shall be issued and GDN's obligations under this Agreement shall cease immediately, except with respect to any active Covered Incident for which an attorney-client relationship has already been established pursuant to Section 2.2(d), which relationship shall be governed separately by the applicable rules of professional conduct.
Except as provided in Section 7.6, GDN shall not assess any cancellation fee, early termination penalty, or additional charge against Member in connection with cancellation of this Agreement.
Notwithstanding any other provision of this Agreement, the following matters are expressly excluded from coverage under all membership plans and GDN shall have no obligation to provide or facilitate legal services in connection with any of the following:
GDN's election to provide services in connection with any matter that would otherwise fall within an exclusion set forth in this Section shall not constitute a waiver of that exclusion with respect to any future matter and shall not be construed as an amendment to this Agreement.
GDN's liability to Member under this Agreement, regardless of the form of action or the theory of recovery, shall not exceed the total membership fees actually paid by Member to GDN in the twelve (12) month period immediately preceding the event giving rise to the claim. This limitation applies to all claims arising under or related to this Agreement, whether sounding in contract, tort, negligence, or any other legal theory.
GDN and The Epps Law Group, LLC make no representation or warranty regarding the outcome of any legal matter, investigation, administrative proceeding, or criminal prosecution arising from a Covered Incident. Member acknowledges that the provision of legal services under this Agreement does not guarantee any particular result, and GDN shall not be liable to Member for any adverse outcome, judgment, conviction, administrative finding, or disciplinary action arising from any Covered Incident, regardless of the legal services provided.
GDN shall not be liable for the independent professional conduct, judgment, or acts or omissions of any panel attorney assigned to represent Member in connection with a Covered Incident. Panel attorneys are independent licensed professionals governed by the Georgia Rules of Professional Conduct. Any claim arising from the conduct of a panel attorney shall be directed to that attorney individually and shall not constitute a claim against GDN under this Agreement.
Member acknowledges that the limitations of liability set forth in this Section reflect a reasonable allocation of risk between the parties and are an essential element of the basis of the bargain between Member and GDN. Without these limitations, GDN would not be able to offer membership services at the rates set forth in this Agreement. Member expressly agrees that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy provided herein.
GDN shall not be liable to Member for any interruption, delay, or failure in the delivery of membership services caused by circumstances beyond GDN's reasonable control, including but not limited to acts of God, natural disasters, public health emergencies, government orders, telecommunications failures, or the unavailability of panel attorneys due to conflict of interest, illness, or other professional obligations. In the event of a service interruption, GDN shall make reasonable best efforts to identify and deploy alternative qualified counsel as promptly as practicable.
Member shall indemnify, defend, and hold harmless GDN, The Epps Law Group, LLC, and their respective members, managers, officers, employees, and agents from and against any claim, loss, liability, damage, or expense, including reasonable attorneys' fees, arising out of or related to Member's material breach of this Agreement, Member's fraudulent or materially misleading representations in connection with enrollment or any coverage claim, or Member's intentional misconduct directed at GDN or its personnel.
Member acknowledges and agrees that enrollment in GDN's Blue Defense membership program does not, by itself, create an attorney-client relationship between Member and GDN, The Epps Law Group, LLC, the Founding Attorney, or any panel attorney. The payment of membership fees and the issuance of a membership confirmation constitute an agreement to provide access to legal services upon activation of a Covered Incident in accordance with this Agreement and nothing more.
An attorney-client relationship between Member and the Founding Attorney or a designated panel attorney is established only upon the occurrence of all of the following:
Upon satisfaction of all three conditions, the attorney-client relationship is established as of the date and time of first attorney contact, and all communications from that point forward are protected by the attorney-client privilege under Georgia law as set forth in Section 2.2(d).
Member shall not rely on GDN, The Epps Law Group, LLC, the Founding Attorney, or any panel attorney for legal advice, legal guidance, or legal representation in connection with any matter prior to activation of a Covered Incident in accordance with Section 2.2. Any communication between Member and GDN personnel prior to activation, including communications with non-attorney membership services staff, does not constitute legal advice and is not protected by the attorney-client privilege.
GDN serves multiple members simultaneously. Member acknowledges that circumstances may arise in which a conflict of interest prevents the Founding Attorney or a designated panel attorney from representing Member in connection with a particular Covered Incident. In the event of a conflict, GDN shall promptly notify Member and shall make reasonable best efforts to identify and assign qualified conflict-free counsel from its panel attorney network. The existence of a conflict shall not excuse GDN from its obligation to facilitate representation but may affect the identity of the attorney assigned to Member's matter.
Where two or more GDN members are involved in the same Covered Incident and a conflict of interest exists or arises between those members, GDN shall assign separate panel attorneys to each affected member, unless the affected members execute a written joint defense agreement acceptable to GDN and all assigned counsel, or each affected member provides a knowing, voluntary, and informed waiver of the conflict of interest in compliance with the Georgia Rules of Professional Conduct. Any joint defense agreement or conflict waiver must be executed prior to the commencement of joint representation and must be reviewed and approved by the Founding Attorney or designated panel counsel before taking effect.
In the event a conflict develops after a joint defense agreement or conflict waiver has been executed, or any member withdraws a previously executed waiver for any reason, the attorney or attorneys who provided representation under the joint defense arrangement or conflict waiver are immediately disqualified from continuing to represent any member involved in that matter. Upon withdrawal of a waiver or the development of a disqualifying conflict, GDN shall promptly engage new independent panel attorneys for each affected member. No previously assigned attorney shall continue in any capacity — advisory, consultative, or otherwise — with respect to any member involved in the matter following disqualification. All work product, communications, and confidences shared during the joint defense period shall remain protected and may not be used adversely against any member by any subsequently assigned counsel.
In no event shall GDN, the Founding Attorney, or any panel attorney pressure, encourage, or incentivize any member to waive a conflict of interest or enter into a joint defense agreement. Each member's decision to waive or not waive shall be made freely, independently, and with the benefit of independent counsel if Member so elects.
Nothing in this Agreement shall be construed to modify, limit, or supersede the obligations of the Founding Attorney or any panel attorney under the Georgia Rules of Professional Conduct. In the event of any conflict between the terms of this Agreement and the Georgia Rules of Professional Conduct, the Georgia Rules of Professional Conduct control without exception.
GDN reserves the right to amend, modify, or supplement the terms of this Agreement at any time upon no less than thirty (30) days written notice to Member prior to the effective date of any amendment. Notice of amendment shall be provided to the email address on file in Member's account. Member's continued enrollment and payment of membership fees following the effective date of any amendment constitutes Member's acceptance of the amended terms. If Member does not accept the amended terms, Member may cancel this Agreement in accordance with Section 7 prior to the effective date of the amendment without penalty.
No amendment, modification, or waiver of any provision of this Agreement requested by Member shall be effective unless made in writing and executed by an authorized representative of GDN. No oral representation, promise, or agreement made by any GDN employee, agent, or panel attorney shall constitute an amendment to this Agreement or be binding on GDN.
GDN's failure to enforce any provision of this Agreement on any occasion shall not constitute a waiver of GDN's right to enforce that provision or any other provision on any future occasion. No course of dealing or course of performance between the parties shall be construed to modify or amend the terms of this Agreement.
All notices, confirmations, and communications from GDN to Member under this Agreement shall be provided electronically by one or more of the following methods, which the parties expressly agree constitute sufficient and effective notice for all purposes under this Agreement and under applicable Georgia law:
(a) Email to the address on file in Member's account, which shall be deemed received upon transmission; or (b) Through Member's online account portal, where notice functionality is made available by GDN, which shall be deemed received upon posting.
Member expressly acknowledges and agrees that electronic notice by email or through Member's online account portal is legally sufficient for all notices required or permitted under this Agreement, including but not limited to notices of amendment, fee adjustment, coverage changes, account updates, cancellation confirmation, and any other communication affecting Member's membership. Electronic service of notice shall be deemed effective and binding upon transmission or posting without the requirement of physical delivery, return receipt, or any additional confirmation, consistent with the Electronic Records and Signatures Act, O.C.G.A. § 10-12-1 et seq.
Notwithstanding the foregoing, a Member who affirmatively elects to receive physical mail notices may do so by submitting a written opt-in request through Member's online account portal or by written notice to GDN in accordance with Section 11.5. Upon receipt and confirmation of Member's opt-in election, GDN shall provide notices to Member by first class United States mail to the mailing address on file in Member's account in addition to electronic notice, which shall be deemed received three (3) business days after deposit in the United States mail, postage prepaid. Member may withdraw a physical mail opt-in election at any time through the same methods. GDN shall not treat a Member's opt-in to physical mail as a waiver of electronic notice, and GDN may continue to provide electronic notice simultaneously with physical mail to opted-in Members.
All notices from Member to GDN under this Agreement shall be provided in writing by one or more of the following methods: (a) Email to the GDN member services address provided at the time of enrollment or as subsequently updated by GDN and communicated to Member; (b) Certified United States mail, return receipt requested, to Georgia Defense Network, LLC, 309 Pirkle Ferry Road, Building B-200, Cumming, Georgia 30040, which shall be deemed received upon GDN's actual receipt as evidenced by the return receipt; or (c) Through Member's online account portal where notice functionality is made available by GDN. Notices delivered by any method not specified in this Section shall not be deemed effective notice under this Agreement.
Member shall promptly notify GDN of any change in Member's email address, mailing address, telephone number, or payment information. GDN shall promptly notify Member of any change in GDN's designated notice addresses. Changes to GDN's notice addresses shall be communicated to Member in accordance with Section 11.4.
GDN recognizes that its members are active and retired law enforcement officers whose personal safety and security may depend upon the protection of their personal information. GDN is committed to maintaining the confidentiality and security of all Member information collected, stored, and processed in connection with this Agreement and Member's enrollment in the Blue Defense membership program. Member information shall not be sold, leased, licensed, or otherwise disclosed to any third party except as expressly provided in this Agreement or required by applicable law.
In connection with Member's enrollment and participation in the Blue Defense membership program, GDN may collect and maintain the following categories of Member information:
GDN expressly acknowledges and honors Member's rights under O.C.G.A. § 50-18-72(a)(23), which provides that the home address, home telephone number, and personal email address of law enforcement officers are not subject to public disclosure under Georgia's Open Records Act. In furtherance of that protection:
GDN shall implement and maintain reasonable and appropriate administrative, technical, and physical safeguards designed to protect Member information from unauthorized access, disclosure, alteration, destruction, or misuse. Such safeguards shall be commensurate with the sensitivity of the information maintained and shall be reviewed and updated periodically to address evolving security risks. GDN does not warrant that its security measures will prevent all unauthorized access or that its systems are impenetrable, but commits to maintaining industry-standard data protection practices at a minimum.
In the event GDN discovers or reasonably suspects that Member information has been subject to unauthorized access, acquisition, disclosure, or misuse as a result of a security breach, cyberattack, or other unauthorized intrusion into GDN's systems ("Security Incident"), GDN shall comply fully with the Georgia Security Breach Notification Act, O.C.G.A. § 10-1-910 et seq., and shall provide notice to affected Members as follows:
Member information shall not be disclosed to any third party except in the following circumstances: (a) To panel attorneys, co-counsel, or outside counsel to the extent necessary to facilitate legal services in connection with a Covered Incident; (b) To payment processors, technology vendors, or service providers engaged by GDN to operate the membership program, subject to confidentiality obligations no less protective than those set forth in this Agreement; (c) As required by a valid court order, lawful subpoena, or applicable law, subject to GDN's obligation to notify Member as set forth in Section 12.3(d) where practicable; or (d) With Member's prior written consent.
GDN shall retain Member information only for so long as necessary to fulfill the purposes for which it was collected, to comply with applicable legal obligations, and to resolve any disputes arising under this Agreement. Upon termination or cancellation of Member's membership, GDN shall retain Member information for a period of no less than five (5) years to comply with applicable legal and professional obligations, after which such information shall be securely destroyed or permanently anonymized in accordance with industry-standard data destruction practices.
Member is responsible for maintaining the confidentiality of any account credentials, login information, or access codes provided in connection with Member's GDN account. Member shall promptly notify GDN of any suspected unauthorized access to Member's account. GDN shall not be liable for any unauthorized access to Member information resulting from Member's failure to maintain the security of Member's account credentials.
This Agreement, together with any membership plan confirmation, enrollment documentation, and any written amendments executed in accordance with Section 11, constitutes the entire agreement between Member and GDN with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, representations, warranties, understandings, and agreements, whether oral or written, between the parties relating to Member's enrollment in the Blue Defense membership program. No prior drafts of this Agreement shall be used in the interpretation or construction of this Agreement.
Member acknowledges that in entering into this Agreement, Member has not relied upon any representation, promise, warranty, or statement made by GDN, the Founding Attorney, any panel attorney, any GDN employee, agent, or representative, or any marketing or promotional material, except as expressly set forth in this Agreement. Any representation or promise not contained in this Agreement is of no force or effect and shall not be binding on GDN.
If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to applicable law, that provision shall be severed from this Agreement and the remaining provisions shall continue in full force and effect as though the severed provision had never been included. The parties agree that any severed provision shall be replaced, to the extent possible, with a valid and enforceable provision that most nearly reflects the original intent of the severed provision.
The section headings contained in this Agreement are for convenience and reference only and shall not affect the interpretation or construction of any provision of this Agreement.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic signatures, including signatures transmitted by DocuSign, Adobe Sign, or any other electronic signature platform, shall be deemed valid and binding to the same extent as original ink signatures and shall be enforceable under the Electronic Records and Signatures Act, O.C.G.A. § 10-12-1 et seq.
This Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing this Agreement to be drafted. Both parties acknowledge that they have had the opportunity to review this Agreement and that no ambiguity shall be construed against GDN solely on the basis that GDN prepared this Agreement.
No waiver of any provision of this Agreement shall be effective unless made in writing and signed by an authorized representative of GDN. No waiver of any provision shall constitute a waiver of any other provision or of the same provision on any other occasion.
GDN shall not be in default or breach of this Agreement to the extent that performance of its obligations is prevented, delayed, or impaired by circumstances beyond GDN's reasonable control, including but not limited to acts of God, natural disasters, pandemics, public health emergencies, cyberattacks, government orders, telecommunications failures, or other events that could not have been reasonably anticipated or prevented. In the event of a force majeure occurrence, GDN shall make reasonable best efforts to resume performance as promptly as practicable and shall notify Member of the nature and expected duration of the interruption in accordance with Section 11.4.
This Agreement may be executed digitally through GDN's online enrollment portal. In lieu of a handwritten signature, Member may execute this Agreement by completing the digital enrollment form, selecting the applicable membership plan, and affirmatively checking the acknowledgment boxes set forth below. Member's digital enrollment, including the affirmative selection of each required checkbox, shall constitute Member's legal signature and binding acceptance of this Agreement in accordance with the Electronic Records and Signatures Act, O.C.G.A. § 10-12-1 et seq.
Upon completion of digital enrollment, GDN's system shall generate and record a timestamp reflecting the date, time, and IP address associated with Member's execution of this Agreement. That record shall constitute conclusive evidence of Member's execution of this Agreement and shall be maintained by GDN for the duration of Member's membership and for a period of no less than five (5) years following termination or cancellation.
Upon completion of enrollment, Member shall be provided with the option to download a complete copy of this Agreement in PDF format, inclusive of Member's selected membership plan, elected billing cycle, and a record of all acknowledgment boxes checked during enrollment. GDN strongly encourages Member to download and retain a copy of this Agreement for Member's records. A copy of this Agreement shall also be maintained in Member's online account portal and shall remain accessible to Member throughout the duration of membership.