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Description of Services
Throughout this website, Military Service Rewards, LLC (“Company”) provides you with access to a variety of resources which may include merchant, benefits, discount, location, product, FAQs, support, and other information provided, as well as any media elements, support, sites, communication forums, download areas, and other services (the “Service”).
Acceptance of Terms
By creating an account or accepting this contract, you represent that you are at least 18 years old or have reached the age of “majority” where you live, if that is not 18 years of age. If you are under 18 or have not reached the age of majority, your parent or legal guardian must set up an account on your behalf and accept this contract.
Please note that Company does not provide warranties for the Service. This contract also limits our liability. These terms are provided in detail below. Please read them carefully.
Reserve Right to Modify
Company may change the Service or delete features of the Service at any time and for any reason. Company may cancel or suspend your use of the Service at any time without notice and for any reason. Upon Service cancellation, your right to use the Service stops right away.
Your privacy is important to Company. Company uses certain information collected from you to operate and provide the Service. As part of the Service, Company may automatically upload information about your machine, your use of the Service and Service performance. Company may access or disclose information about you, including the content of your communications or content on the Service. Company may do so in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Company or its customers, including the enforcement of Company agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Company employees, customers, or the public. Please read the Company Online Privacy Statement (http://militaryandveteransdiscounts.com/page/privacy-policy.html) to learn how Company uses and protects your information. The Company is committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information ("PII") you share with us.
Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information. In general, you can visit any MVDC web pages without telling us who you are or revealing any PII about yourself.
If you choose to provide us with your PII on the Web, we may transfer that Information within MVDC or to MVDCs third-party service providers, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world.
MVDC will not sell or rent any of your information without your permission. Permission will come in the form of opting in to receive marketing information from one of our marketing partners.
MVDC strives to comply with all applicable laws around the globe that are designed to protect your privacy.
If any part of the Service requires you to open an account, you must provide current, complete and accurate information in the registration form. You may also need to choose a password and a user name. You are solely responsible for: (a) keeping your password and account confidential; and (b) any and all activities that occur under your account. You must promptly notify Company of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you incur if someone else uses your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party if someone else uses your account or password. You may not use anyone else’s account at any time; without their permission.
The Services may contain e-mail services, bulletin board services, lists, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
User Generated Content
You control who may access your content. If you share content in public areas of the Service or in shared areas available to others you have chosen, then anyone you have shared content with may use that content. When you give others access to your content on the Service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content. You grant these rights solely in connection with the Service and other products and services made available by Company. If the submission is a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. If you do not want others to have those rights, do not use the Service to share your content.
Company does not claim ownership of the content you provide on the Service. Your content remains your content. Company does not control, verify, or endorse the content that you and others make available on the Service.
You hereby grant to Company and its affiliates, resellers, distributors, service providers, partners, and/or suppliers the right, to use, modify, adapt, reproduce, distribute, publish, and display content posted on the Service. These include your name or other information you supply with the content. These rights apply solely to the extent necessary to provide the Service.
You must respect the rights of artists, authors, inventors, and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the Service in a way that infringes others' copyrights, other intellectual property or proprietary rights, or publicity or privacy rights, you are breaching this contract (and violating other rights and possibly the law). You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use of the content does not violate any law. Company will not pay you for your content. Company may refuse to publish your content for any or no reason. Company may remove your content from the Service at any time and for any reason, including if: (a) you breach this contract; (b) the content exceeds limits on storage or file size; or (c) Company cancels or suspends the Service.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Company does not control or endorse the content, messages or information found in any Communication Services and, therefore, Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Company does not claim ownership of the materials you provide to Company (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Company, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Company Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. Company is under no obligation to post or use any Submission you may provide and Company may remove any Submission at any time in its sole discretion.
Reservation of Rights
Company retains all rights, title, and interest in and to the Services and website. This includes all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Company reserves all rights not expressly granted.
If you give Company feedback, you give Company an irrevocable, perpetual, sublicensable right to use, share, and commercialize your feedback in any way and for any purpose at no charge. You also give to third parties any patent rights in your feedback needed for their products, technologies, and services to use or interface with any specific parts of a Company software or service at no charge. You will not give feedback that is subject to a license or other obligation that requires Company to grant or pass through any rights or make any disclosures or payments to third parties. These rights survive this contract.
This contract starts on the date you accept it. It continues until it is terminated. Company may cancel this contract at any time without cause.
All materials made available (collectively the “Materials”) that are created by Company from the Service are the copyrighted work of Company or its suppliers. Your use of these Materials are governed by one of two sets of license terms; if you are presented with a license for the Materials, the terms of that license apply; if no license is presented to you, these terms apply. Company reserves all other rights to the Materials not expressly granted under these license terms. In your use of the Materials you may not:
Remove, modify, or tamper with any copyright notices;
Use the Materials for any commercial purposes;
Post the Materials on any networked computer for access by any other computer on the network or broadcast it in any media; or
Make any modifications to the Materials.
Company may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Materials. By providing the Materials to you, Company does not give you any license to these patents, trademarks, copyrights, or other intellectual property, unless Company does so expressly in writing.
Some Materials available from this Service are licensed to you by third parties. Company does not grant you any additional rights (express or implied) for such third party Materials.
Company provides the Service "as is," "with all faults," and "as available." Company does not guarantee the suitability, reliability, availability, accuracy or timeliness of information available from the Service. Company does not guarantee that the Service will be uninterrupted, secure, error-free or that data loss will not occur. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime will occur. Company gives no express warranties, guarantees, or conditions. Company disclaims all warranties with regard to the Service. This includes any implied warranties (e.g., those of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement). You may have additional consumer rights under your local laws that this contract cannot change.
Copyright and Trademarks
All content of the Service, except user-generated content, are Copyright © Military and Veterans Discounts, LLC Company. All rights reserved. Copyright and other intellectual property laws and treaties protect any Materials provided as part of the Service. Company or its suppliers own the title, copyright, and other intellectual property rights in the Materials.
This contract does not grant or imply any rights to any Company or supplier trademark, trade name or logo. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Copyright Claim Notice and Procedure
Company respects the intellectual property rights of others. If your copyright or trademark is being infringed, you may notify Company. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent:
Service Provider(s): Military and Veterans Discounts, LLC
Name of Agent Designated to Receive
Notification of Claimed Copyright Infringement: T. Thomas
Full Address of Designated Agent to
Which Notification Should be Sent: PO Box 4410230 Sammamish, WA 98075
Telephone Number of Designated Agent: 425-985-7076
Email Address of Designated Agent: copyright at mvdc dot net
To be effective, the Notification must include:
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 work claimed to have been infringed, or if multiple 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
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 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.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Claims Must Be Filed Within One Year
To the extent permitted by law, any claim related to this contract or the Service must be brought within one year. The one-year period begins on the date when the claim first accrues. Any claim that is not filed within that time is permanently barred. This section applies to you and your successors. It also applies to us and our successors and assigns.
Limitation of Liability
You can recover from Company for all successful claims only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits.
This limitation applies to anything related to this contract, for example:
Loss of data;
Your content, third party content (including code), third party programs, or third party conduct;
Viruses or other disabling features that affect your access to or use of the Service;
Incompatibility between the Service and other services, software, or hardware;
Delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Service in an accurate or timely manner; and
Claims for breach of contract; breach of warranty, guarantee, or condition; misrepresentation; strict liability; negligence; or other tort.
It also applies even if this remedy does not fully compensate you for any losses, fails of its essential purpose or Company knew or should have known about the possibility of the damages.
This contract does not affect the statutory rights of any consumer. It also does not exclude or restrict liability for death or personal injury arising from Company’s negligence, fraud, or its gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential or other damages.
Links to Third Party Sites
The Service may contain links to third party websites which will let you leave Company’s site. These websites are not under Company’s control. Company makes no effort to review the content of these websites. This includes the validity, legality, copyright compliance, and decency of such content. Company is not responsible for the content of these websites. This includes: (a) webcasting or any other form of transmission received from any linked site; (b) any links contained in a linked site; and (c) any changes or updates to such sites. If Company has included these links in the Service, they are provided to you as a convenience only. Company does not endorse or make any representation, guarantee or assurance regarding any third party website, service or product. Any third party product or service that you acquire, and any exchange of data between you and such third party provider, is solely between you and the third party. Third party websites may be subject to the third party’s terms, conditions and privacy statements. Company may disable links to any third party website that you or others post on this Service.
Company may run ads on the Service. Company may change the way it advertises on the Service. Your dealings with advertisers on the Service are between you and those advertisers, not Company. If you assert a claim related to your relationship with a third party, you shall only assert such claim against the third party. You will not assert any such claim against Company, even if Company assisted in billing for the third party offering. You are solely responsible for your dealings with any third party on the Service including:
Delivery of, and payment for, goods and services;
Determining, collecting, and remitting to the appropriate authority all taxes (if any) related to such orders or transactions; and
Your purchase and use of any third party products and services.
Company and its employees do not accept or consider unsolicited ideas. This includes ideas for new advertisement campaigns, promotions, products, technologies, processes, materials, marketing plans and product names. Please do not send any artwork, samples, demos, or other works to Company or anyone at Company. The purpose of this policy is to avoid misunderstandings or disputes when Company’s products or marketing strategies seem similar to ideas submitted to Company. If you send them anyway, please understand that Company will not treat your ideas or materials as confidential or proprietary.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that Company cannot enforce a part of this contract as written. If this happens, then you and Company will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and Company regarding your use of the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service. The section titles in the contract do not limit the other terms of this contract.
Company may assign, transfer, sell, rent, lend or otherwise dispose our rights and obligations under this contract. Company may do this in whole or part, at any time without notice to you. You may not temporarily or permanently assign any part of this contract or any rights to use the Service to any other party. Any attempt to do so is void.
Washington State law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country to which Company directs your Service. You and Company irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to this contract.