ARMED FORCES VETERANS

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Terms and Conditions

ArmedForcesVeterans.Org Website Terms and Conditions of Use                     

To make sure that a secure and safe community is maintained we have developed these terms and conditions of use to assist all members. These terms and conditions explain what you can expect from us, what we expect from you and these terms and conditions will apply to you whenever you browse, transact or interact on the site. 

You should carefully read these terms and conditions of use before using this site. Any use of this website creates a binding agreement to comply with these terms and conditions. If you do not agree to these terms, you should exit the ArmedForcesVeterans.Org website immediately.

 

Introduction 

The following are the terms of a legal agreement (the "Agreement") between you (also referred to as a member or user) and ArmedForcesVeterans.Org (owned and operated by Armed Forces Veterans, Inc.) that sets forth the terms and conditions for your use of the ArmedForcesVeterans.Org web site at ArmedForcesVeterans.Org (the "Site"). This site, hereafter also referred to as « we », « us », « our », « company » and « the site » is a web site owned by Armed Forces Veterans, Inc. By using the word « member », we mean « you » or and/or anyone else using this Site.

This Site is being provided to you expressly subject to this Agreement and by accessing, browsing or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.

We reserve the right to amend this Agreement at any time without expressly notifying you. You should periodically check the site for the latest version of this Agreement. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

 

Eligibility to Use our Services

Collection of Information

You authorize and consent to our access to and collection of your information from time to time at our discretion in order to provide or offer the web site services to you. You acknowledge and agree that our access is based on your express consent in order to provide the web site services and does not constitute a breach of any privacy policy or a failure to safeguard the confidentiality of your financial records. We may rely on this authorization and consent until it receives your express revocation and has a reasonable time to act upon your revocation.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ARMED FORCES VETERANS OR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES BE LIABLE TO A MEMBER OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THIS AGREEMENT FOR ANY ACTUAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR RELIANCE DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY, WHETHER FORESEEABLE OR NOT AND WHETHER OR NOT A MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BOTH PARTIES AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK AND ARE REFLECTED IN THE FEES AGREED UPON BY THE PARTIES.

MEMBER CONDUCT

You are solely responsible for the contents of your transmissions through the Site. The use of the Site is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Site; (2) not to use the Site for illegal purposes; (3) not to interfere or disrupt networks connected to the Site; (4) to comply with all regulations, policies and procedures of networks connected to the Site; (5) not to post any information which is meant to be deceptive or knowingly inaccurate; and (6) to refrain from infringement on any material posted on the Site, including information posted by others, that is copyrighted, patented, trademarked or similarly protected under proprietary rights or rights of privacy. You agree not to transmit through the Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You further agree not to use the Site in a manner that violates any Federal, state or local laws or statute, including but not limited to the sale of any regulated substances. If you use, or attempt to use, the services for any purposes other than our intended purposes, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the services, you may be subject to civil and criminal liability.

RELEASE AND INDEMNIFICATION

Notwithstanding any other release, agreement to "hold harmless" or indemnification contained herein, you hereby further waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against Armed Forces Veterans, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any ArmedForcesVeterans.Org transaction or the use of the Site. You hereby agree to indemnify, defend and hold Armed Forces Veterans, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by ArmedForcesVeterans.Org , its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in this Agreement, including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any ArmedForcesVeterans.Org  transaction and/or by any other person and/or as a result of the Member taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold ArmedForcesVeterans.Org, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Site, the violation of these Terms of Service by Member, or the infringement by Member, or other Member of the Site using Member's computer, of any intellectual property or other right of any person or entity.

 

APPLICABLE LAW AND OTHER TERMS

ANY OFFER MADE ON THE SITE IS INVALID WHERE PROHIBITED BY THE LAW OF THE GOVERNING JURISDICTION.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Pennsylvania. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You agree to that any cause of action arising out of or related to the use of the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and you and us forever waive any such cause of action. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.

We reserve the right to refuse service or grant membership to anyone for any reason. We are dedicated to ensuring that the atmosphere is hospitable and ethical. If we observe or learn of anyone engaging in behavior that we feel is detrimental to our service or to the atmosphere that we are trying to promote, then we reserve the right to terminate that person's membership immediately.

Ownership The Services and all intellectual property rights relating to the Services are and shall remain the exclusive property of Armed Forces Veterans, Inc., its licensors and/or its affiliates.

Confidentiality

Definition. "Confidential Information" is information disclosed by one party to the other party under this Agreement that is marked as confidential or would normally under the circumstances be considered confidential information of the disclosing party. Confidential Information does not include information that the recipient already knew, that becomes public through no fault of the recipient, that was independently developed by the recipient, or that was rightfully given to the recipient by another party. For clarity, Customer's Confidential Information shall also include Customer's electronic messages that are subject to the Services ("Customer Messages").

Confidentiality Obligations The recipient will not disclose the Confidential Information, except to affiliates, employees and agents who need to know it and who have agreed in writing to keep it confidential. Those people and entities may use Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to protect it. The recipient may also disclose Confidential Information when required by law after giving reasonable notice to discloser.

Right to investigate and seek damages. WE reserve the right to investigate any improper or unlawful use of the Services or any breach of the Terms and Conditions and to seek reimbursement and damages, and the Company will not be liable for any cost or damage arising either directly or indirectly from your use or misuse of Services.

We reserve the right to terminate your access to the Services at any time, if it should determine that any such information was or is untrue.

Our commitment applies to the conduct of business for all products and services provided to customers.

  • act fairly, reasonably and responsibly in all our dealings with you
  • make sure that all services and products meet all the relevant laws and regulations
  • not discriminate against you because of your race, sex, disability, ethnic background or sexuality
  • help you when you need information and guidance
  • not pressurize you to enter into any agreement with us
  • correct mistakes, handle complaints quickly and sympathetically
  • train our staff to make sure that the procedures they follow reflect the commitments set out in this Code

 Miscellaneous


Acts Beyond Our Control. Neither you nor the Company will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, weather elements, strike, embargo, labor disputes, civil or military authority, war, terrorism, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.



Entire Agreement. The Terms and Conditions supersede all prior agreements, understandings, statements or proposals, and representations, whether written, oral or using sign language, regarding the Services. No written or oral statement, advertisement, or service description not expressly contained in the Terms and Conditions may contradict, explain, or supplement it. We may change the Terms and Conditions from time to time. If the Company makes any changes to the prices, charges or terms and conditions, the Company will post them on our website.

 

The material appearing on the website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our website is accurate, complete, or current. Any redistribution or resale is strictly prohibited. All trademarks herein are property of their respective owners

 

SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of yours or any third party, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us and our users any claims and assertions of any moral rights contained in such Feedback

Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. Our failure to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

 

RESOLUTION OF DISPUTES

MEMBER ACKNOWLEDGES AND AGREES THAT ANY DISPUTE INVOLVING ARMED FORCES VETERANS, INC. SHALL BE RESOLVED SOLELY IN ANY COURT OF COMPETENT JURISDICTION LOCATED IN PHILADELPHIA COUNTY, STATE OF PENNSYLVANIA. MEMBER FURTHER ACKNOWLEDGES AND AGREES THAT THEY SHALL BE RESPONSIBLE FOR ALL COSTS TO ENFORCE THIS AGREEMENT, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS. MEMBER ADDITIONALLY ACKNOWLEDGES AND AGREES THAT THEY SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE COLLECTION OF FEES DUE TO ARMED FORCES VETERANS, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES IN THE AMOUNT OF THIRTY THREE PERCENT (33%) OF THE TOTAL AMOUNT DUE, COURT COSTS PLUS AND OTHER FEES.


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