| USER AGREEMENT
This User Agreement
("Agreement") is between you and Military Advantage, Inc., with a
principal place of business at 799 Market Street, Suite 700, San
Francisco, California. This Agreement shall apply to the following
Military Advantage, Inc. Web site properties: Military.com,
gibillexpress.com, TheFew.com, MilitaryReport.com, and/or Fred's Place.org
(collectively and individually hereinafter referred to as the
"Military.com Web site," the "Web site," or the "Site.") Your rights and
obligations under this Agreement and in using this Site are not
assignable. Your use and access of the Military.com Web site constitutes
your acceptance, without modification, of the terms, conditions and
notices contained herein. In addition, when using particular Military
Advantage services, you shall be subject to any posted guidelines, rules,
and policies applicable to such services that may be posted from time to
time. All such guidelines, rules, and policies are hereby incorporated by
reference into this Agreement.
By using the Military.com
Web site, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU
ACCEPT THE TERMS THEREOF. Please read the following terms carefully. If
you do not agree to the terms and conditions of this Agreement, you may
not access, view, obtain goods or services from, or otherwise use the
Military.com Web site.
1. You acknowledge that upon
becoming a member of Military.com, you are automatically subscribed to receive
notifications including but not limited to updates on your unit affiliation,
community, or benefits. If you would not like to receive these notifications,
you can remove yourself from these lists at any time at your
member management page.
2. You acknowledge that
you are 13 years of age or older, and, if under the age of 18, are using
this Web site under the supervision of a parent, legal guardian, or other
responsible adult. Children under the age of 13 are not allowed to visit
or otherwise use our Site.
3. You agree to the terms
and conditions of the Military Advantage, Inc. Privacy
Policy, hereby incorporated by reference, which details the ways in
which we and other parties might use personal information that belongs to
you. In accordance with this Policy, we may use information and materials
received from you or collected through your use of our Site, and may
disclose such information to third parties.
4. You are responsible
for regularly reviewing this User Agreement. Military Advantage, Inc.
reserves the right, at its sole discretion, to change, modify, add, remove
or terminate any portion of this Agreement, in whole or in part, at any
time, without prior notice.
5. You acknowledge that
you own or otherwise control all of the rights to the content that you
post; that the content is accurate; that use of the content you supply
does not violate this Agreement and will not cause injury to any person or
entity; and that you will indemnify Military Advantage, Inc. or its
affiliates for all claims resulting from content you supply.
6. You shall not upload,
email, post or transmit to, or distribute or otherwise publish through the
Military.com Web site any material which: (i) disrupts the normal flow of
dialogue and/or exchange on the Site, including posting or otherwise
transmitting material that is not related to the subject at issue or
otherwise restricts or inhibits any other user from using and enjoying the
Military.com Web site; (ii) is unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, offensive, harassing, hateful, embarrassing,
pornographic, profane, sexually explicit, or indecent; (iii) constitutes
or encourages conduct that would constitute a criminal offense,
potentially give rise to civil liability (including claims of defamation
and/or libel), or otherwise violate the local, state, or national laws of
any country; (iv) violates, plagiarizes, or infringes the rights of third
parties including, without limitation, copyright, trademark, patent,
rights of privacy or publicity, trade secrets, or any other proprietary
right; (v) contains a virus, worm, Trojan horse, or other harmful
component; (vi) contains any information, software, or other material of a
commercial nature; (vii) contains solicitations or advertisements of any
kind; (viii) constitutes or contains false or misleading indication of
origin or statement of fact; or (ix) contains chain letters or pyramid
schemes.
7. You will not create or
participate in rooms determined by Military Advantage, Inc. to have been
created for the purpose of exchanging or swapping images, music, or other
protected intellectual property.
8. We reserve the right
to release information to the proper authorities, as a result of a
violation of our standards or unlawful acts, if the information is
subpoenaed and/or if we deem it necessary and/or appropriate. Military
Advantage, Inc. has the right, but not the obligation, to refuse service,
terminate accounts, or remove or edit content, in its sole
discretion.
9. By posting messages,
creating or modifying a home page, chatting, uploading files, inputting
data, transmitting e-mail, or engaging in any other form of communication
(individually or collectively "Communications") to or through the
Military.com Web site, you hereby grant to Military Advantage, Inc. a
perpetual, worldwide, irrevocable, unrestricted, non-exclusive,
royalty-free license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit and otherwise
exploit such Communications throughout the world, in all media now known
or hereafter developed. You hereby waive all rights to any claim against
Military Advantage, Inc. for any alleged or actual infringements of any
proprietary rights, rights of privacy and publicity, moral rights, and
rights of attribution in connection with such Communications.
10. You will be
responsible for your own Communications and the consequences of posting or
otherwise transmitting those Communications. Military Advantage, Inc. does
not represent or guarantee the truthfulness, accuracy, or reliability of
any material posted or otherwise transmitted by Military.com Web site
users or endorse any opinions expressed by such users. Military Advantage
does not screen, monitor or approve Communications from our Web site users
in advance. If we receive notification about a user regarding
Communications which allegedly do not conform to this Agreement, Military
Advantage, Inc. has the right, but not the obligation, to investigate the
allegations and determine in good faith and at its sole discretion whether
to remove or request the removal of the Communication. We have no
liability or responsibility to users for performance or nonperformance of
such activities. Military Advantage, Inc. reserves the right to expel
users and prevent their further access to the Military.com Web site for
violating this Agreement or violating the law. We have the right, but not
the obligation, to remove Communications that are abusive, illegal,
disrespectful, disruptive, or otherwise problematic.
11. Military Advantage,
Inc. may immediately, without prior notice, issue a warning, temporarily
suspend, indefinitely suspend, or terminate your use of and access to the
Site, at our sole discretion, for any reason, whether with or without
cause or warning, and without liability. Your sole remedy against Military
Advantage, Inc. in the event of a dispute arising out of this Agreement,
the Site or your use thereof, is to terminate this Agreement by ceasing
your use of the Site. In the event of termination of this Agreement,
Military Advantage, Inc. may delete and/or store, in its discretion, data
associated with your use of the Site. Military Advantage, Inc. may also
change, suspend, or discontinue any aspect of the Military.com Web site at
any time, including the availability of any Web site feature, database, or
content.
12. The Military.com Web
site contains information and press releases about us. While this
information was believed to be accurate as of the date prepared, we
disclaim any liability arising from its accuracy and any duty or
obligation to update this information or any other content. Our Site may
include statements concerning our operations, prospects, strategies,
financial condition, future economic performance, and demand for our
products or services, as well as our intentions, plans, and objectives
that are forward-looking statements. These statements are based upon a
number of assumptions and estimates that are subject to significant
uncertainties, many of which are beyond our control. When used on our
Site, words like "anticipates," "expects," believes," "estimates,"
"seeks," "plans," "intends," and similar expressions are intended to
identify forward-looking statements designed to fall within securities law
safe harbors for forward-looking statements. The Military.com Web site and
the information contained herein do not constitute an offer or a
solicitation of an offer for the sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed to
be, incorporated into any of our securities-related filings or
documents.
13. Military Advantage,
Inc. makes no warranty, express or implied, with respect to the content,
information, or services provided through, or in conjunction with, the
Military.com Web site. We make no guarantee of the accuracy, correctness
or completeness of any information on the Site, and shall not be
responsible for: (i) any errors of omission arising from the use of such
information; (ii) any failures, delays or interruptions in the delivery of
any content or service contained within the Military.com Web site; and
(iii) any defamatory, libelous or unlawful material contained within the
Site, including user Web pages, resumes, emails, profiles, opinions,
advice, statements, memorandums or discussion board postings, or materials
related to a users' use of the Site's chat features. You acknowledge that
any reliance upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk. You acknowledge that neither
Military Advantage, Inc. nor its Web site members, while such members are
participating in the Site, are engaged in rendering legal, medical,
counseling, or other professional services or advice. We encourage you to
seek appropriate professional advice for any situation or problem that you
may have. Military Advantage, Inc. has the right, but not the obligation,
to correct any errors or omissions in any portion of the Military.com Web
site.
14. Military Advantage,
Inc. is not involved in any transaction between any parties who use our
Site. There are risks that you assume when dealing with people who might
be acting under false pretenses; all of these risks are borne by you. The
Military.com Web site is a venue only and we do not screen, censor, or
otherwise control the Classifieds or other listings ("Classifieds"), its
users or their behavior. We cannot control whether or not users of our
Classifieds will complete the transactions they describe on our Site. It
is extremely important that you use care throughout your dealings with
other people on this Site. Military Advantage, Inc. prohibits misleading
offers that do not list the total purchase price or a "bait & switch"
of products; advertisements listed in the incorrect category; duplicate
listings that contain more than 60% of the same characters, regardless of
category; and criminal offers including but not limited to registering
another email address other than your own. Military Advantage, Inc.
prohibits the transmission, distribution or posting of any matter which
discloses personal or private information concerning any person or entity,
including without limitation phone number(s) or addresses, credit debit
cards, calling card, user account numbers/ passwords or similar financial
information, and home phone numbers or addresses. Even though all of this
is strictly prohibited, there is a small chance that you might become
exposed to such items and you further waive your right to any damages,
from any party, related to such exposure. Military Advantage, Inc.
prohibits the listing or sale of the following goods for any reason,
including but not limited to any item that is illegal to sell under any
applicable law, statute, ordinance or regulation including the
following:
- Food (other than
packaged food meeting all applicable federal state and local standards
for sale to consumers by commercial merchants)
- Alcoholic beverages
(except if you are reselling an alcoholic beverage that was initially
purchased from a retailer and it still in its original container and it
is legal to deliver to the buyer and into the jurisdiction where the
buyer is)
- Firearms (as defined
from time to time by the B.A.T.F.)
- Cigarettes or any
other tobacco product for human consumption
- Pharmaceuticals or any
other controlled substance
- Dangerous, counterfeit
or stolen goods
- Goods which do not
actually exist
- Any good that
infringes or violates anyone's rights
- Any item, which in
Military Advantage, Inc.'s sole discretion, is inflammatory, offensive
or otherwise inconsistent with our standards of business
ethics.
- Any messages, data, or
images that might be considered by a reasonable person to be obscene or
which contain racial, ethnic, religious slurs or derogatory epithets, or
advocating violence, hate or other language that is deeply or widely
offensive.
Military Advantage,
Inc.'s Classifieds strongly opposes SPAM, which floods the Internet with
unwanted and unsolicited email and deteriorates the performance and
availability of the Classifieds service. All forms of SPAM, and all
activities that have the effect of facilitating SPAM, are strictly
prohibited. Our Classifieds also prohibit the use of another Internet
service to send or post SPAM to drive visitors to your site hosted on or
through Military Advantage, Inc.'s Classifieds systems, whether or not the
messages were originated by you, under your direction, or by or under the
direction of a related or unrelated third party.
You understand and agree
that you are responsible for all applicable taxes and for all costs that
are incurred in using the Classifieds. We may also, in our sole
discretion, add or delete fees associated with the service. You agree not
to resell or assign your rights or obligations under this User Agreement.
You also agree not to make any unauthorized commercial use of the
Classifieds or to make use of any person's information other than as
necessary to complete any Classifieds transactions in which you are
involved. There is no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship between Military
Advantage, Inc. Classifieds and any user of the service.
15. Gathering email addresses from Military.com through harvesting or automated means is prohibited. Posting or
transmitting unauthorized or unsolicited advertising, promotional
materials, or any other forms of solicitation to other users is
prohibited. Inquiries regarding a commercial relationship with Military
Advantage, Inc. should be directed to: anne.dwane@militaryadvantage.com
16. YOU AGREE THAT YOUR
USE OF THE MILITARY.COM WEB SITE IS AT YOUR OWN RISK. THE MILITARY.COM WEB
SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS,
AND/OR INFORMATION MADE AVAILABE OR DISCUSSED ON OR ACCESSED THROUGH THE
MILITARY.COM WEB SITE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.
IN NO EVENT SHALL MILITARY ADVANTAGE, INC. BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THE MILITARY.COM WEB SITE OR WITH THE
DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO
THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE
TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE MILITARY.COM WEB SITE OR
ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED
THROUGH THE MILITARY.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF MILITARY ADVANTAGE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES
AND EVEN IF SUCH DAMAGES RESULT FROM MILITARY ADVANTAGE, INC'S NEGLIGENCE
OR GROSS NEGLIGENCE. FURTHER, MILITARY ADVANTAGE, INC. DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MILITARY.COM WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE
THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE MILITARY.COM WEB SITE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, MILITARY ADVANTAGE, INC.'S LIABILITY SHALL
BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS
APPEAR WITHIN THE BODY OF THIS SITE AND ARE INCORPORATED HEREIN BY
REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS
ON YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER
RESTRICTIONS SHALL APPLY.
17. The links found on
the Military.com Web site will let you leave our Web site and go to sites
operated by parties other than Military Advantage, Inc. The linked sites
are not under the control of Military Advantage, Inc. and we are not
responsible for the contents of any linked site or any link contained in a
linked site, or any changes or updates to such sites. Such links by the
Military.com Web site to sites maintained by third parties do not
constitute an endorsement, guaranty, or warranty by Military Advantage,
Inc., or any of its affiliates, of any third party or their content, nor
the existence of a partnership, joint venture, agency, or other
relationship between Military Advantage, Inc., or any of its affiliates,
and any linked third party or their content. Military Advantage, Inc. does
not assume any responsibility or liability for the actions, product,
content and/or information of these and other third parties and/or their
web sites. You should carefully review their privacy statements and other
conditions of use.
18. By offering a number
of third party products and services, including advertisements, on our
Site, Military Advantage, Inc. makes no warranties or representations of
any kind as to the content or suitability of the subject matter of any web
site, product or service from any such third party business or individual.
Military Advantage, Inc. expressly disclaims liability for direct,
consequential, or incidental damages arising from the products, services,
advertisements, actions, or web site content of these and any other third
parties, and you waive any claims against Military Advantage, Inc. for
damages arising from such transactions or your reliance upon statements
contained therein. You will not consider Military Advantage, Inc. nor will
Military Advantage, Inc. be construed as, a party to such transactions,
whether or not we may have received some form of revenue or other
remuneration in connection with the transaction. Merchants are responsible
for all aspects of order processing, fulfillment, billing, and customer
service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY,
AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS MILITARY ADVANTAGE, INC.
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS FOUND ON THE MILITARY.COM WEB SITE OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR
SITE.
19. The Military.com Web
site makes chat rooms, forums, message boards, email, user-generated
homepages, classifieds, and/or news groups available to its users provided
that they abide by the online behavior detailed in this Agreement. Please
remember that any information that is disclosed in these areas becomes
public information, and you should exercise caution when deciding to
disclose your personal information. We have the right, but not the
obligation, to deny the posting of material and to edit, remove, and use
any material on our Site. You shall not impersonate someone else,
including one of our trained chat hosts, nor use deceptive nicknames that
would lead people to believe you are a person, entity, or rank that you
are not. Use of names, such as "AdmHall" or "GenWestmorland" are both
misleading and disrespectful. You will not stalk others in our chat rooms
or in another manner. Such behavior is a serious offense and may be
considered a criminal act.
20. This Agreement shall
be governed and constructed in accordance with the laws of the State of
California without regard to conflicts of law provisions. Sole and
exclusive jurisdiction for any action or proceeding arising out of or
related to this Agreement shall be an appropriate state or federal court
located in San Francisco, CA.
21. Any cause of action
you may have with respect to your use of the Military.com Web site must be
commenced within one year after the claim or cause of action arises. If
for any reason a court of competent jurisdiction finds any provision of
this Agreement, or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to affect the
intent of the Agreement, and the remainder of this Agreement shall
continue in full force and effect.
22. You shall defend or
settle at your sole expense any claim or suit, including without
limitation any proceeding, investigation or claim by a self-regulatory
organization, state or federal securities agency or commission,
(collectively, an "Action") against Military Advantage, Inc. and/or each
of its affiliates, directors, officers, agents, employees or sublicensees,
(collectively, the "Indemnitee") to the fullest extent permitted by law
arising out of or in connection with (1) an assertion that the
information, content or other materials or services provided or made
available by you or the use thereof may infringe any copyright or
trademark rights of any individual or entity, or are a misappropriation of
any individual or entity's trade secret, or contain any libelous,
defamatory, disparaging, pornographic, or obscene materials; (2) any
breach by you of your obligations under this Agreement; and (3) any
content provided by you in a chat room, message board, e-mail, or home
page (created or used by you) on the Military.com Web site, or statements
made by you in the Site or through other media. You shall indemnify and
hold harmless the Indemnitee from and against any and all damages, costs,
liabilities and attorneys' fees incurred in defending and/or resolving
such Action.
23. Notices under this
Agreement shall be sufficient only if in writing and transmitted via
personal delivery, delivered by a major commercial rapid delivery courier
service, or mailed, postage or charges prepaid, by certified or registered
mail, return receipt requested, to Military Advantage, Inc., Attention
Legal Department, 799 Market Street, Suite 700, San Francisco, California
94103.
24. This Agreement and
our Privacy
Policy contain the entire agreement between you and Military
Advantage, Inc. with respect to this Site. It supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Military Advantage, Inc. with respect to
this Site. Any rights not expressly granted herein are
reserved.
COPYRIGHT The
content, organization, graphics, design, compilation, magnetic
translation, digital conversion, and other matters related to the
Military.com Web site are protected under applicable copyrights,
trademarks, and other proprietary (including but not limited to
intellectual property) rights as a collective work and/or compilation,
pursuant to international conventions and U.S. and other copyright laws.
The names Military Advantage, Inc., Military.com, TheFew.com,
Fredsplace.org, Gibillexpress.com, MilitaryReport.com, the Military.com
logos, and the tagline "Engage!" are, inter alia, trademarks and/or
property of Military Advantage, Inc. that may be registered in certain
jurisdictions. Other product and company names mentioned herein may be the
trademarks of their respective owners. The contents, and every part
thereof, of the Military.com Web site are only for your personal,
non-commercial use. You do not acquire ownership rights to any content,
document, or other materials viewed through our Site. The posting of
information or materials on the Military.com Web site does not constitute
a waiver of any right in such information and materials. You will abide by
any and all additional copyright notices, information, or restrictions
contained in any content on our Site. Unless otherwise prohibited from
doing so, you may download and make one (1) copy of the content and other
downloadable items displayed on the Military.com Web site for your
personal, noncommercial use only, provided that you maintain all copyright
and other notices contained in such content. Any copying, republication,
or redistribution of Military.com Web site content, including by caching,
framing, or similar means, is expressly prohibited without the prior
written consent of Military Advantage, Inc. and/or the respective
intellectual property rights holder identified in the subject
content.
Military Advantage, Inc.
respects the intellectual property rights of others and expects our users
to do the same. The policy of Military Advantage, Inc. is to terminate the
accounts of repeat copyright offenders and other users who infringe upon
the intellectual property rights of others. If you believe that your work
has been copied in a way that constitutes copyright infringement, please
provide Military Advantage, Inc.'s Copyright Agent & Counsel with the
following information required by the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act, 17
U.S.C. § 512: (1) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (2) identification of the copyright work claimed to
have been infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of such
works at that site; (3) identification of the material that is claimed to
be infringing or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material; (4) information
reasonably sufficient to permit us to contact the complaining party; (5)a
statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and, (6) a statement that the
information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed. Military Advantage, Inc.'s
Copyright Agent for notice of claims of copyright infringement on this
Site is:
Corporate
Counsel Military Advantage, Inc. 799 Market Street,
Suite 700 San Francisco, CA 94103 Phone:
415.820.3434 Fax: 415.820.0552
THE MILITARY.COM WEB SITE
IS NOT ENDORSED BY THE FEDERAL GOVERNMENT
The Military.com Web site
has not been approved or endorsed by the United States Federal Government,
Department of Defense, any military service branch, or any agency thereof.
The products, services, and information offered by the Military.com Web
site are not being made by an agency of the United States Federal
Government. |