TERMS AND CONDITIONS
This Web Site Use Agreement (“Agreement”) is entered into by you and the Reserve Officers Association of the United States (“ROA”), and its affiliates. This Agreement sets forth the terms and conditions under which you use the ROA Web Site (“Site”), and under which ROA 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 ROA or any of its affiliated entities, including <www.roa.org> and any other sites and services which ROA 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 ROA 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
ROA 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 ROA 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. You are responsible for obtaining access to the Site, and understand that your access to the site may include fees payable to your Internet service provider for which you are responsible.
4. Right to Change, Modify or Terminate the Site
ROA 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
ROA 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.
Certain services require the eligible user to register, i.e. member only services. If you are eligible for these services and wish to register, you must complete the registration process by providing ROA with current, complete and accurate information as prompted by the applicable registration form. You must choose a unique password and user name. You are entirely responsible for maintaining the confidentiality of your password and registration information. In consideration of your use of the services, you agree to: (a) provide true, accurate, current and complete information as prompted by the applicable registration form, and (b) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information which is untrue, inaccurate, not current or incomplete, or if ROA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ROA has the right to suspend or terminate your current and any future use of the services, or any portion thereof.
Your right to use the Site, or any part of it, is not transferable. Any password or right given to you to obtain information or documents is not transferable.
You are entirely responsible for any and all activities which occur under your registration. You agree to notify ROA immediately of any unauthorized use of your registration or any other breach of security. ROA and its affiliated entities will not be liable for any loss that you may incur as a result of someone using your password or registration, either with or without your knowledge.
6. Management of Your Information and Data
You are responsible for management of your information and data, including but not limited to back-up and restoration of data, erasing data from disk space you control, and changing data on your router. You are also responsible for the development and maintenance of any security procedures, such as log-on security and encryption of data, user ID, and passwords on your router and firewall, which you consider desirable for the protection of your information and data. ROA and its affiliated entities will not be responsible for back-up and restoration of your information and data, and will not be liable for any loss of or disablement of access to your information and data.
7. Use of Interactive Features
An interactive feature means any type of forum, message board, chat room, bulletin board, annotation feature, or similar interactive service appearing on the Site. You must register in accordance with applicable instructions in order to contribute to or participate in any interactive feature. No person under the age of 18 may register, contribute or participate in any interactive feature.
All interactive features on the Site are public and not private communications even though they are in password protected areas. ROA and its affiliated entities are not responsible for material appearing in any interactive feature, except for material signed by an identified representative of ROA or by the identified representative of an affiliated entity. ROA and its affiliated entities are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. ROA retains the right to delete, remove or modify any materials, postings or communications for any reason, or for no reason, it has no obligation to do so. Whether or not ROA deletes, removes, or modifies any materials, postings or communications, users remain solely responsible for the content of their communications and postings.
Without limitation, you agree that when using an interactive feature you shall not do any of the following:
(a) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
(b) Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information;
(c) Upload files that contain viruses, corrupted files, or any software or programs which may damage the computer of another;
(d) Upload files that contain software or other material which is protected by intellectual property laws unless you own the rights thereto or have received all necessary consents;
(e) Delete any author attributions, legal notices, or proprietary designations or labels from any software or material in a file which is uploaded;
(f) Falsify the origin or source of software or material in a file which is uploaded;
(g) Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters; or
(h) Download any file which you know, or reasonably should know, cannot be legally distributed in such manner.
ROA reserves the right to terminate the registration of any user of an interactive feature for any reason, or for no reason.
8. Consent to Publication
You agree that by submitting materials for inclusion in any interactive feature, you consent to the publication of such materials in the interactive feature. You also grant (or warrant that the owner of the materials has expressly granted) ROA and its affiliated entities the perpetual, nonexclusive right to use such materials (including your questions, comments, and other postings), in their original or edited form, on the Site, and in books, articles, commentaries or otherwise, in any medium now known or later developed. You warrant that any “moral rights” in any such materials have been waived, and you agree that you are not entitled to compensation for their use.
9. Links to Other Web Sites
The Site contains links to other Web sites. ROA and its affiliated entities are not responsible for the content, accuracy or opinions contained in such sites, and ROA 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 ROA or its affiliated entities. If you decide to leave the Site and access a linked site, you do so at your own risk.
10. Third-Party Services
ROA 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 ROA 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. ROA 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 ROA OR ANY AFFILIATED ENTITY, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTIBILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE ROA 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.
11. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. ROA 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 ROA and its affiliated entities.
You warrant and represent that if you are purchasing a product or service from Merchants, or from ROA or an affiliated entity that (a) any credit information you supply is true and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes, shipping and handling fees, and postage.
13. Limited Right to Use
The contents of the Site are protected by copyright and trademark laws, and are the property of ROA 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 ROA 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 ROA’s written permission, please send an e-mail request to <firstname.lastname@example.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 ROA and other entities owning or holding such an interest, you may not change or delete any author attribution, trademark, legend, or copyright notice.
14. Copyright Complaints
ROA respects the intellectual property rights of others, and requires users of the Site to do the same. If appropriate, ROA will terminate the registration of any user of an interactive feature who is responsible for copyright infringement. Notification of alleged copyright infringement should be e-mailed to <email@example.com>.
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. ROA 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 ROA 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 ROA 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 ROA 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.
16. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL ROA 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 ROA 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 ROA OR ANY AFFILIATED ENTITY, IF ANY, FOR ACCESSING THE SITE, OR FOR THE APPLICABLE CONTENT, SERVICES, PRODUCTS, OR OTHER MATERIALS.
You agree to defend, indemnify and hold harmless ROA and its affiliated entities, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorneys’ fees and expenses, relating to or arising out of any breach of this Agreement, or any use of the Site, by you or by any other person using the Site through you or using your password.
You agree that ROA, in its sole discretion, may terminate or limit your use of the Site, password, or registration, and remove and discard any content within the Site, for any reason, or for no reason. You agree that any termination or limitation of access to the Site may be effected without prior notice, and acknowledge and agree that ROA may immediately deactivate or delete your information, content and files and bar any further access to such information, content and files. You agree that ROA and its affiliated entities will not be liable to you or any third party for any termination or limitation of your access to the Site.
20. 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.
22. Entire Agreement
This Agreement is the entire agreement between you and ROA 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 ROA, or by a written document signed by you. Any inquiries concerning these terms and conditions may be e-mailed to <firstname.lastname@example.org>.
23. Most Recent Date of Posting:
January 16, 2009