Terms of Service

ACCEPTANCE OF TERMS

This Terms of Service, including any and all applicable order forms, statements of work, other incorporated terms, addenda, schedules and exhibits (collectively, this “TOS”) sets out the terms and conditions by which MilitaryConnected.org, a project of Players Philanthropy Fund, a Maryland charitable trust (“MilitaryConnected”) provides and permits access to and use of the platform branded as “MilitaryConnected” and related services located in the domains and subdomains, including software, APIs, code, algorithms, hosted services, and web interfaces (collectively, the “MC Platform”), (ii) the website located, and (iii) any related Mobile Apps (as defined below) ((i) through (iii) collectively, the “Service”), subject to the terms and conditions in this TOS. MilitaryConnected may, at its discretion, update this TOS at any time. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Service or as otherwise made available by MilitaryConnected.

PLEASE REVIEW THE TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU ARE ENTERING INTO THE TOS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THE TOS, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE TOS, YOU MAY NOT ACCESS OR USE THE SERVICE.

THE TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TOS (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 18 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

IF YOU ARE AN EMPLOYEE OF AN ORGANIZATION THAT IS REGISTERED AS A CUSTOMER ON THE SERVICE AND HAS AN AGREEMENT WITH MILITARYCONNECTED TO USE THE SERVICE IN CONNECTION WITH AN INTERNAL REFERRAL PROGRAM BY ITS EMPLOYEES, THE TOS, INCLUDING ITS TERMS RELATING TO THE PAYMENT OF REFERRER SUCCESS FEES AND CANDIDATE SUCCESS FEES, MAY BE MODIFIED OR SUPERSEDED BY SPECIFIC TERMS AND CONDITIONS IMPOSED BY SUCH CUSTOMER IN CONNECTION WITH ITS INTERNAL REFERRAL PROGRAM (“EMPLOYER TERMS”). IN SUCH CASES, THE SPECIFIC EMPLOYER TERMS, IF AND ONLY TO THE EXTENT INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS TOS, SHALL CONTROL. TO THE EXTENT THAT THE EMPLOYER TERMS DO NOT CONFLICT WITH THIS TOS, THIS TOS SHALL GOVERN YOUR USE OF THE SERVICE.

You represent and warrant that you are: (i) over eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction.

OTHER AGREEMENTS:

In addition to this TOS, your access to and use of the Service is subject to the MilitaryConnected Privacy Policy, (“Privacy Policy”), if applicable, the terms contained in an enterprise agreement between MilitaryConnected and your employer (an “Enterprise Agreement”), and any usage or other policies relating to the Service posted or otherwise made available to you by MilitaryConnected (collectively, “Additional Terms”). The Additional Terms are part of this TOS and are hereby incorporated by reference, and you agree to be bound by the Additional Terms. If your use of the Service is subject to an Enterprise Agreement, the Enterprise Agreement shall govern over any inconsistent terms in this TOS. You acknowledge and agree that by accessing or using the Service, MilitaryConnected may receive certain information about you, including personal data, as set forth in the Privacy Policy, and MilitaryConnected may collect, use, disclose, store, share, and process such personal data in accordance with such Privacy Policy.

GRANT OF RIGHTS:

  • Subject to and conditioned upon your compliance with this TOS, MilitaryConnected grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view pages within the Service solely for your personal, non-commercial use or internal business purposes. Your access to and use of the Service must further comply with any and all usage guidelines posted by MilitaryConnected.
  • To the extent that the Service provides access to any online software, applications or other similar components, MilitaryConnected grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in the form within the online platform provided by MilitaryConnected.
  • MilitaryConnected may make available mobile apps for access to and use of certain components of the Service (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is subject to the applicable end user license agreement for each app. If any Mobile App is downloaded by you from the iTunes App Store, Microsoft Store, Amazon App Store, Google Play or any similar services (each, an “App Store”), your use of such Mobile Apps are subject to your compliance in all material respects with the terms and conditions of the applicable usage rules set forth by such App Store. This TOS is between you and MilitaryConnected only, and not with the proprietor of any App Store (an “App Store Proprietor”), and no App Store Proprietor is responsible for Mobile Apps or the contents thereof; however, any App Store Proprietor and its subsidiaries are third-party beneficiaries of this TOS with respect to the Mobile Apps.
  • You may not use the MilitaryConnected names, brands, trademarks, service marks or logos that MilitaryConnected makes available on the Service (“Marks”). MilitaryConnected claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Service. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name.  You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with MilitaryConnected. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to MilitaryConnected’s benefit.

REGISTRATION

    • You may browse the Service without registering, but some features may not be accessible unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MilitaryConnected reasonably suspects that you have done so, MilitaryConnected may suspend or terminate your account.
    • You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account. You agree to notify MilitaryConnected immediately of any unauthorized use of your account or password or any other similar breach of security.
    • If your account remains inactive for three months or longer, MilitaryConnected reserves the right to suspend or terminate your account, with or without notice to you, and delete your Content (as defined in Section 6(a)), all without liability to you.

REFERRAL PROGRAM AND PAYMENTS

  • Definitions. This Section 5 sets forth the terms and conditions under which MilitaryConnected will make payments to Referrers and Candidates and receive payments from Customers. As used herein: (i) “Referrer” means an individual who has created a registered account within the Service and who has referred specific individuals for a specific job listing or to an employer talent network via the Service; (ii) “Candidate” means an individual who has been referred by a Referrer and applied for a specific job listing via the Service or has applied to a specific job listing directly without being referred by a Referrer; and (iii) “Customer” means any individual, corporation, partnership, limited liability company or other entity that lists one or more job openings within the Service. For the avoidance of doubt, any individual or entity which is bound by this TOS shall also be referred to as “you” throughout this TOS. A Candidate may directly apply for any specific job listing by a Customer, in which case there is no Referrer, only a Candidate.
  • Qualified Hires. In the event and only in the event that a Candidate referred to a Customer by a Referrer is hired by such Customer and actually commences employment with such Customer (a “Qualified Hire”), then the Referrer shall be, subject to Section 5(c), entitled to a success fee (a “Referrer Success Fee”) based upon an amount specified by the Customer, all as more particularly set forth within the Service (“Specified Amount”).

    In the event that a Candidate has been referred for a specific job listing or to an employer talent network by more than one Referrer, the Referrer whose link the Candidate uses to access the job listing and apply for a specific job or to join the employer talent network and apply for the job, and only such Referrer, shall be, subject to Section 5(c), entitled to the Referrer Success Fee in connection with the hiring of such Candidate by the applicable Customer and the commencement of employment by such Candidate with such Customer. Customers may, at their sole discretion, set the timeframe by which candidates will remain identified with an employee Referrer.
  • Payments of Referrer Success Fees. In the event of a Qualified Hire, MilitaryConnected shall pay the Referrer Success Fee to the Referrer within forty-five (45) days after the later of the applicable Candidate’s (i) commencement of employment with the applicable Customer or (ii) such Candidate’s completion of any probation or performance period required by such Customer, PROVIDED, HOWEVER, that MilitaryConnected shall not be obligated to pay any Referrer Success Fee unless and until MilitaryConnected has actually received the applicable success fee(s) payable by such Customer in connection with such Qualified Hire (the “Customer Success Fee”). In the event that MilitaryConnected receives the Customer Success Fee on or after the date that is five (5) days prior to the end of such forty-five (45) day period, MilitaryConnected shall pay the Referrer Success Fee within forty-five (45) days of receiving the Customer Success Fee. In some cases, Customer may require multiple payments of Customer Success Fees to MilitaryConnected based on any required probation or performance periods, in which case MilitaryConnected shall pay the appropriate portion of the Referrer Success Fee, in accordance with this Section 5(c), with respect to the completion of each required probation or performance period. For the avoidance of doubt and notwithstanding the foregoing or any other term or provision of this TOS, MilitaryConnected shall have no obligation to pay any Referrer Success Fee to any Referrer if MilitaryConnected has not actually received the Customer Success Fee(s) with respect to a Qualified Hire referred by the Referrer.
  • Payments of Candidate Success Fees to Candidates. In the event and only in the event that a Candidate referred to a Customer by a Referrer via the Service is subsequently offered a position by such Customer and actually commences employment with such Customer, then the Candidate shall be entitled to a success fee (a “Candidate Success Fee”) based upon the Specified Amount, all as more particularly set forth within the Service.

    Notwithstanding any of the foregoing or any other term or provision of this TOS, in the event that a Candidate has directly applied to a job position and there is no Referrer, the Candidate shall be entitled to a Candidate Success Fee and neither the Candidate nor any Referrer on the Service shall be entitled to a Referrer Success Fee.

    In the event that a Candidate becomes entitled to a Candidate Success Fee in accordance with the foregoing terms and conditions, MilitaryConnected shall pay the Candidate Success Fee to the Candidate within forty-five (45) days after the later of the Candidate’s (i) commencement of employment with the applicable Customer, or (ii) such Candidate’s completion of any probation or performance period required by such Customer, PROVIDED, HOWEVER, that MilitaryConnected has actually received the Customer Success Fee. In the event that MilitaryConnected receives the Customer Success Fee on or after the date that is five (5) days prior to the end of such forty-five (45) day period, MilitaryConnected shall pay the Candidate Success Fee within forty-five (45) days of receiving the Customer Success Fee. In some cases, a Customer may require multiple payments of Customer Success Fees to MilitaryConnected based on any required probation or performance periods, periods, in which case MilitaryConnected shall pay the appropriate portion of the Candidate Success Fee, in accordance with this Section 5(d), with respect to the completion of each required probation or performance period. For the avoidance of doubt and notwithstanding the foregoing or any other term or provision of this TOS, MilitaryConnected shall have no obligation to pay any Candidate Success Fee to any Candidate if MilitaryConnected has not actually received the Customer Success Fee(s) with respect to such Candidate who has been hired by such Customer.
  • Conditions for Payment. To receive any payment through the Service, you represent and warrant that: (i) you are exempt from backup withholding; (ii) you have not been notified by the U.S. Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends; or (iii) the IRS has notified you that you are no longer subject to backup withholding. MilitaryConnected reserves the right to suspend or withhold any payment if it has a reasonable basis to believe that the payment due results from or may result in fraud or any violation of this TOS or applicable law.
  • Method of Payment. Any payment by MilitaryConnected of a Referrer Success Fee or a Candidate Success Fee shall be made through PayPal or other third-party provider selected by MilitaryConnected, as more particularly set forth within the Service. MilitaryConnected does not collect any bank account information, credit card information, or any other personal information of a similar nature. By inputting a payment method to accept payment within the Service, you represent and warrant that: (i) you are the authorized account holder for the payment method account; and (ii) you are the lawful owner of the payment method account used to receive any payment from the Service.
  • Taxes. Referrers and Candidates are solely responsible for any tax liabilities resulting from any payments received. Each payee shall promptly provide to MilitaryConnected upon request any documentation or information that may be required for tax compliance purposes, and MilitaryConnected may withhold payment to you unless you provide such information.
  • U.S. Dollars. All dollar amounts listed within the Service are denominated in U.S. dollars unless otherwise specified.

RESPONSIBILITY FOR CONTENT

  • You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not MilitaryConnected, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service, including Listing Content (“Your Content”), and other users of the Service, and not MilitaryConnected, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”). You acknowledge that MilitaryConnected may receive Content about you from third party sources as set forth in the Privacy Policy, and may use such Content in connection with the Services.

  • You acknowledge and agree that MilitaryConnected has no obligation to pre-screen any Content (including Your Content and User Content), although MilitaryConnected reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing sentence, MilitaryConnected shall have the right to remove any Content that violates this TOS or that it deems objectionable.
    • TO THE EXTENT THAT YOU SUBMIT, UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE YOUR CONTENT, YOU REPRESENT AND WARRANT THAT: (i) YOU HAVE ALL NECESSARY RIGHT AND AUTHORITY TO GRANT THE RIGHTS SET FORTH IN THE TOS WITH RESPECT TO YOUR CONTENT, INCLUDING THE RIGHTS AND AUTHORITY TO PROVIDE ALL THE CANDIDATE OR REFERRER INFORMATION OR DATA THAT YOU PROVIDE TO THE SERVICES OR OTHERWISE IN CONNECTION WITH THIS TOS; (ii) YOUR CONTENT DOES NOT VIOLATE ANY DUTY OF CONFIDENTIALITY OWED TO ANOTHER PARTY, OR THE COPYRIGHT, TRADEMARK, RIGHT OF PRIVACY, RIGHT OF PUBLICITY OR ANY OTHER RIGHT OF ANY OTHER PARTY; AND (iii) ANY FACTUAL INFORMATION PRESENTED IN YOUR CONTENT IS ACCURATE AND COMPLETE IN ALL MATERIAL RESPECTS.
    • To the extent that you provide any personal data to MilitaryConnected, including as part of Candidate or Referrer information or data provided through the Services or otherwise in connection with this TOS, you shall have sole responsibility for the accuracy, quality, and legality of such personal data on the Service, and hereby represents you have acquired and provided such personal data in compliance with all applicable laws and with the proper consent of the applicable data subjects.

RIGHTS TO CONTENT

  • MilitaryConnected does not claim ownership of Your Content. However, you hereby grant MilitaryConnected and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) as necessary to provide the Service or as otherwise permitted by law. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
  • Except with respect to Your Content, you acknowledge and agree that, as between you and MilitaryConnected, MilitaryConnected owns all rights, title and interest (including all intellectual property rights) in the Service and all Content and other materials within the Service. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. MilitaryConnected reserves all rights not expressly granted to you.
  • Except with respect to Your Content, you may not: (i) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, except as expressly permitted under this TOS; (ii) reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of any software within or associated with the Service; (iii) frame or utilize any framing technique to enclose any Content; (iv) access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by MilitaryConnected; (v) rent, lease, lend, sell or sublicense the Service or otherwise provide access to the Service as part of a service bureau or similar fee-for-service purpose; or (vi) remove or obscure any proprietary notice that appears within the Service.

USER CONDUCT

In connection with your access to or use of the Service, you shall not:

  • Upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate;
  • Impersonate any person or entity, including MilitaryConnected personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • Act in a manner that negatively affects the ability of other users to access or use the Service;
  • Take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service; substantially download, reproduce or archive any portion of the Service;
  • Sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including your user account and password; or violate any applicable local, state, provincial, federal or international law or regulation.

SUGGESTIONS:

If you elect to provide or make available to MilitaryConnected any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), you hereby grant MilitaryConnected and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Suggestions (in any form and any medium, whether now known or later developed), in each case without credit or compensation to you.

DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for and delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that MilitaryConnected shall not be liable for any damage or loss of any kind incurred as a result of any such dealings.

LINKS AND EXTERNAL MATERIALS

The Service or users of the Service may provide links or other connections to other websites or resources. You acknowledge and agree that MilitaryConnected does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). External Materials are subject to different terms of use and privacy policies. You are responsible for reviewing and complying with such terms of use and privacy policies. You further acknowledge and agree that MilitaryConnected shall not be liable for any damage or loss resulting from or arising out of use of or reliance on any External Materials.

MODIFICATIONS TO THE SERVICE

MilitaryConnected reserves the right at any time to modify or discontinue the Service (or any portion thereof) with or without notice, and MilitaryConnected shall not be liable to you or any third party for any such modification or discontinuance.

INDEMNIFICATION

You shall indemnify, defend and hold MilitaryConnected and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “MilitaryConnected Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys’ fees, resulting from or arising out of: (a) Your Content, including for any Candidate and Referrer data you provide through the Services or otherwise in connection with this TOS; (b) your violation of this TOS, any law or regulation, or any rights (including intellectual property rights) of another party, including violations of laws protecting the privacy rights of data subjects whose data is included in Your Content; and (c) your use of the Service.

DISCLAIMER OF WARRANTIES

  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MILITARYCONNECTED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • MILITARYCONNECTED PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE.

LIMITATION OF LIABILITY

  • MILITARYCONNECTED PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR COST OF COVER, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF MILITARYCONNECTED PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL MILITARYCONNECTED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO MILITARYCONNECTED FOR ACCESS TO THE SERVICE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
  • CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

TERMINATION
Except as otherwise set forth in an order form, you may terminate this TOS at any time upon written notice to MilitaryConnected or via any process MilitaryConnected makes available on the Services. Except as otherwise set forth in an order form, MilitaryConnected reserves the right to terminate this TOS and any order form any time, with or without notice to you.

      • If you violate this TOS, MilitaryConnected may, in its sole discretion, with or without notice to you, immediately: (i) suspend your access to the Service, and such suspension shall remain in effect until you have remedied all violations; or (ii) terminate all rights granted to you under this TOS.
      • Upon termination of this TOS for any reason: (i) MilitaryConnected, in its sole discretion, may remove and discard Your Content; (ii) you shall immediately cease your access to and use of the Service; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination.
  • GOVERNING LAW

The TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Delaware, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this TOS.

BINDING ARBITRATION AND CLASS ACTION WAIVER

  • ALL CLAIMS (AS DEFINED IN SECTION 1) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THE TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
  • The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Delaware County, Pennsylvania or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
  • YOU AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN DELAWARE COUNTY, PENNSYLVANIA AND YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURT AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
  • Notwithstanding anything to the contrary, you and MilitaryConnected may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 18.
  • If MilitaryConnected implements any material change to this Section 18, such change shall not apply to any claim for which you provided written notice to MilitaryConnected before the implementation of the change.

LEGAL COMPLIANCE

You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

U.S. GOVERNMENT ENTITIES

This section applies to access to or use of the Service by a branch or agency of the United States Government. The Service includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in this TOS with respect to the such items, and any access to or use of the Service by the United States Government constitutes: (i) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide MilitaryConnected’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Service; (d) your address, telephone number and email address; (e) a statement by you that you have 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 (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MilitaryConnected’s Agent for Notice of Copyright Claims can be reached as follows:

CALIFORNIA USERS & RESIDENTS

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

  • GENERAL PROVISIONS

The TOS constitutes the entire agreement between you and MilitaryConnected concerning your access to and use of the Service. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and MilitaryConnected with respect to such subject matter. In the event of any conflict between or among this TOS and any end user license agreement, privacy policy or usage guidelines to which this TOS refers, the terms and conditions of this TOS shall take precedence and govern. The TOS may not be amended by you except in a writing executed by you and an authorized representative of MilitaryConnected. For the purposes of this TOS, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of MilitaryConnected. The failure of MilitaryConnected to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOS. Any prevention of or delay in performance by MilitaryConnected hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.