TERMS AND CONDITIONS
This Web Site Use Agreement (“Agreement”) is entered into by you and the Military Order of Foreign Wars (“MOFW”), and its affiliates. This Agreement sets forth the terms and conditions under which you use the MOFW Web Site (“Site”), and under which MOFW agrees to your use of the Site. By using the Site, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, you should not use the Site.
1. Scope of this Agreement
This Agreement applies to your use of all the Web sites and services owned and operated by MOFW or any of its affiliated entities, including <www. MOFW.org> and any other sites and services which MOFW or any of its affiliated entities may own or operate in the future (collectively, “Site”). This Agreement constitutes the entire and only agreement between you and MOFW and its affiliated entities, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
2. Right to Change or Modify this Agreement
MOFW reserves the right, at its sole discretion, at any time, to change the terms and conditions of this Agreement. You should review this Agreement periodically for any changes to its terms and conditions. Changes to this Agreement shall be effective upon posting. By using the Site after changes to these terms and conditions have been posted, you agree to accept the changes and abide by them whether or not you have reviewed them. The most recent date of posting is indicated at the end of this document.
3. Scope of the Site
The features of the Site may include, but are not limited to, informational content, personalized content, communications tools, chat rooms, bulletin boards, forums, search tools, links to other sites, account management tools, and diagnostic tools for troubleshooting. The Site is intended only for your private and personal use on your computer. Any use or attempt to use the Site for commercial or other purposes is strictly prohibited.
The Site is provided “as is,” and MOFW and its affiliated entities assume no responsibility for the timeliness, deletion, mis-delivery or failure to store or reproduce any user communications or personalization settings.
4. Right to Change, Modify or Terminate the Site
MOFW reserves the right, at its sole discretion, at any time, to change, limit, terminate, modify, or permanently or temporarily cease to provide the Site, or any part of the Site, to any user or group of users, without notice and for any reason, or for no reason.
5. Right to Edit or Delete
MOFW and its affiliated entities reserve the right, at their sole discretion, at any time, to edit or delete any documents, information or other content appearing on the Site, without notice and for any reason or for no reason. This includes documents, information or content which you, or any user, may place on an interactive feature of the Site.
6. Links to Other Web Sites
The Site contains links to other Web sites. MOFW and its affiliated entities are not responsible for the content, accuracy or opinions contained in such sites, and MOFW and its affiliated entities do not investigate, monitor or check the accuracy of such sites. Inclusion of a link to any other Web site does not constitute approval or endorsement of the linked site by MOFW or its affiliated entities. If you decide to leave the Site and access a linked site, you do so at your own risk.
7. Third-Party Services
MOFW and its affiliated entities allow access to, advertise and promote third-party merchant sites (“Merchants”) from which you may purchase certain goods and services. You understand that MOFW and its affiliated entities do not operate these sites or control the goods and services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. MOFW and its affiliated entities are not party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY MOFW OR ANY AFFILIATED ENTITY, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTIBILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE MOFW AND ITS AFFILIATED ENTITIES LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE SITE.
8. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. MOFW and its affiliated entities are not responsible for information provided by you to Merchants. Merchants are independent contractors and have no authority to make commitments or representations on behalf of MOFW and its affiliated entities.
9. Limited Right to Use
The contents of the Site are protected by copyright and trademark laws, and are the property of MOFW and its affiliated entities and all other owners. The posting of any content on the Site does not constitute a waiver of any right in such materials. You must comply with any copyright notices or other restrictions contained in the Site. Unless MOFW grants you express written permission, you may access materials on the Site only for your personal use. This means that you may download one copy of such materials on a single computer for personal, noncommercial, use, and that you may neither change nor delete any author attribution, trademark, legend, or copyright notice. When you download copyrighted materials you do not acquire any ownership or other rights in the materials.
Without prior written permission you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. To seek MOFW’s written permission, please send an e-mail request to <webmaster@MOFWUS.org>. You may also be required to obtain permission from third parties owning or holding an interest in certain content. Even if permission is granted by MOFW and other entities owning or holding such an interest, you may not change or delete any author attribution, trademark, legend, or copyright notice.
THE CONTENT, SERVICES, PRODUCTS AND OTHER MATERIALS MADE AVAILABLE ON THE SITE, OR PROVIDED THROUGH THE SITE BY THIRD PARTIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOFW AND ITS AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER MOFW NOR ANY AFFILIATED ENTITY NOR ANY OF THEIR RESPECTIVE LICENSORS, SUPPLIERS OR VENDORS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER MOFW NOR ANY AFFILIATED ENTITY NOR ANY OF THEIR RESPECTIVE LICENSORS, SUPPLIERS OR VENDORS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE CONTENT, SERVICES, PRODUCTS AND OTHER MATERIALS ON THE SITE, OR WITH RESPECT TO THE CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MOFW NOR ANY AFFILIATED ENTITY NOR ANY OF THEIR RESPECTIVE LICENSORS, SUPPLIERS OR VENDORS) ASSUME ANY COSTS ARISING FROM ERRORS, OR FROM YOUR RELIANCE ON MATERIALS CONTAINED IN THE SITE. WHERE APPLICABLE LAW DOES ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL MOFW NOR ANY AFFILIATED ENTITY NOR ANY OF THEIR RESPECTIVE LICENSORS, SUPPLIERS OR VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, SERVICES, PRODUCTS, OR OTHER MATERIALS MADE AVAILABLE ON THE SITE, OR PROVIDED THROUGH THE SITE BY THIRD PARTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION OR EXCLUSION DOES NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY MOFW OR ANY AFFILIATE ENTITY OR ANY OF THEIR RESPECTIVE LICENSORS, SUPPLIERS OR VENDORS, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO MOFW OR ANY AFFILIATED ENTITY, IF ANY, FOR ACCESSING THE SITE, OR FOR THE APPLICABLE CONTENT, SERVICES, PRODUCTS, OR OTHER MATERIALS.
12. Governing Law
This Agreement shall be treated as though it were executed and performed in the District of Columbia, and shall be construed in accordance with the laws of the District of Columbia and the United States of America. You are responsible for compliance with applicable local laws if you use this Site from other locations.
You agree that any action at law or in equity that arises out of or relates to the terms and conditions of this Agreement will be filed only in the local or federal courts located in the District of Columbia, and you consent and submit to the personal jurisdiction of such courts for the purpose of any litigation.
If any of the terms and conditions of this Agreement are found unlawful, void, or for any reason unenforceable, then the term or condition will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining terms and conditions of this Agreement.
14. Entire Agreement
This Agreement is the entire agreement between you and MOFW and its affiliated entities relating to the Site and the subject matter contained herein. This Agreement may be modified only by posting of changes to these terms and conditions by MOFW, or by a written document signed by you. Any inquiries concerning these terms and conditions may be e-mailed to <webmaster@MOFWUS.org>.
15. Most Recent Date of Posting:
July 9, 2009