ACCEPTANCE OF TERMS THROUGH USE
By using this site, you ("User") signify your agreement to these
terms and conditions. If you do not agree to this Agreement please do not
use this site. Please check this Agreement periodically for changes as the
owner of this site The American Legion ("Company") reserves the
right to revise this Agreement and your continued use of this site following
the posting of any changes to the Agreement constitutes acceptance of such
changes. The Company reserves the right to terminate a User's use of this
site at any time without notice and may do so for any breach of this Agreement
or the instructions on this site by User. This Agreement applies to licensors,
affiliates and advertisers as well.
THIRD PARTY SITES
You will be transferred to online merchants or other third party sites through
links or frames from this site. We are a directory of other sites and the
offers they promote. This site does not sell any good or service to consumers
and nothing on this site shall be construed as an offer to sell anything or
enter into any kind of business relationship. Any purchases you make will
be through other websites and from other companies. You are cautioned to read
such sites' Terms and Conditions, Sales, Return and Warranty Policies, and/or
Privacy Policies before using such sites in order to be aware of the terms
and conditions of your use of such sites. Be sure to carefully evaluate and
investigate such sites on your own to your satisfaction.
You are also cautioned to carefully read the terms and conditions of any
coupons, specials, sweepstakes, promotions, sales or other offers from these
merchants. Company shall not be responsible for any inaccuracies; misrepresentations;
product or service liability; offensive, infringing, libelous or illegal materials;
lack of availability of other sites, information or promotions, products or
services; viruses or other computer problems resulting from use of such sites;
or any liabilities resulting from such terms and conditions and sites. The
Company does not guarantee prices, promotions, or products or services, or
anything on such sites.
You are knowingly and voluntarily assuming all risks of using such sites
to purchase goods and services and of using the "coupons" and specials
listed on this site. You agree that the Company and its licensors and advertisers
shall have no liability whatsoever from such third party sites and your usage
of them.
These other sites are not under the control of the Company, are not monitored
or reviewed by the Company, and the Company is not aware of the contents of
such sites. The Company does not sponsor or recommend these sites. You acknowledge
that the Company is not responsible for the products, services, accuracy,
copyright compliance, legality, decency, or any other aspect of the contents
or any transmissions received through such sites. These sites may contain
information or material that is illegal, unreasonable or that some people
may find inappropriate or offensive. The inclusion of such a link or frame
does not imply endorsement of this site by the Company, its advertisers or
licensors, any association with its operators and is provided solely for your
convenience.
If you have any complaint with such sites, contact that site directly, or
contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over
18. If a parent or guardian wishes to permit a person under 18, and under
his or her supervision, to use this site, he or she should email the Company
with his or her explicit permission and acceptance of full legal responsibility
for the minor to do so. If you are not yet 18, if you are easily offended,
or are accessing this site from any country where material on this site is
prohibited or illegal, please leave now as you do not have permission to access
this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive,
non-transferable limited license to use this site in strict accordance with
the terms and conditions in this Agreement and as permitted via instructions
on this site. You agree not to make any false or fraudulent statements in
your use of or to gain access to this site. You acknowledge and agree that
all content and services available on this site are property of the Company
and its advertisers and licensors and are protected by copyrights, moral rights,
trademarks, service marks, patents, trade secrets, and other proprietary rights
and laws, in the U.S. and internationally. All rights not expressly granted
herein are fully reserved by the Company, its advertisers and licensors.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this site, you agree not to
save, download, cut and paste, sell, license, rent, lease, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit, or create derivative works from materials, code or content on or from
this site. Systematic retrieval of data or other content from this site to
create or compile, directly or indirectly, a collection, compilation, database
or directory without written permission from the Company is prohibited. In
addition, use of the content or materials for any purpose not expressly permitted
in this Agreement is prohibited.
Security
You agree that you shall not try to reverse engineer, reverse assemble, reverse
compile, decompile, disassemble, translate or otherwise alter any executable
code, contents or materials on or received via this site. You understand that
such actions are likely to subject you to serious civil and criminal legal
penalties and that the Company shall pursue such penalties to the full extent
of the law to protect its rights and the rights of its other licensors.
International Users
Accessing this site, and services, products or contents available on this
site, except as expressly allowed through instructions and truthful statements
by the User in regard to use of this site, from places outside the U.S. or
where their contents are illegal, is prohibited. Those who choose to access
this site from other locations do so knowingly on their own initiative and
voluntarily at their own risk and are responsible for compliance with local
laws. None of the information on this site may be downloaded, exported or
reexported into Libya, Iraq, North Korea, Cuba, the National Union for the
Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar),
Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international
Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated
foreign persons who have engaged in activities related to the proliferation
of weapons of mass destruction or any other country with restrictions imposed
by the U.S. Government. By using this site, you agree that you are not a citizen
of or a resident in any of these countries.
Export
You agree that you shall comply with all applicable export and import control
laws and regulations in your use of this site, or materials or services received
through this site, and, in particular, you shall not export or re-export anything
on or received through this site in violation of local or foreign export laws
and/or without all required U.S. and foreign government licenses.
Government Use
If you are a branch or agency of the U.S. Government, the following provision
applies. This site, code, contents, services and accompanying documentation
are comprised of "commercial computer software" and "commercial
computer software documentation" as such terms are used in 48 C.F.R.
12.212 (SEPT 1995) and are provided to the Government (i) for acquisition
by or on behalf of civilian agencies, consistent with the policy set forth
in 48 C.F.R. 12.212; or (ii) 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 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved
under the copyright laws of the United States.
TRADEMARKS
The Company's, licensors' or other third party materials, services or products
referenced on this site are common law or registered trademarks or service
marks of such parties.
DISCLAIMER OF WARRANTIES
THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS
LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY
OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY
SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED
BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR
SERVICE PROVIDERS, AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH
REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE
OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE OR INFORMATION
PROVIDED BY THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS
OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT;
THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT
ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION
RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED
ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY AS MUCH AS PERMITTED
BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR
SERVICE PROVIDERS, AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM,
OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES
LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY,
ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS
LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED
BY THE LAW OF YOUR JURISDICTION.
ASSIGNMENT OF CLAIMS
You agree that, in the event you have any claim, charge or cause of action
against The American Legion arising from using this site, that as additional
consideration for using this site belonging to The American Legion, you hereby
assign any such claim, charge or cause of action to The American Legion.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers,
vendors, product and service providers, licensors, subsidiaries and other
affiliated companies, and their employees, contractors, officers, agents and
directors from all liabilities, claims, and expenses, including attorney's
fees, that arise from your use of this site, or any services, information
or products from this site, or any violation of this Agreement or the terms
of their offerings. The Company reserves the right, at it own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you shall cooperate with the Company
in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User's use immediately
upon receipt of any notice which alleges that User has used this site for
any purpose that violates any local, state, federal or law of other nations,
including but not limited to the posting of information that may violate third
party rights, that may defame a third party, that may be obscene or pornographic,
that may harass or assault others, that may violate hacking or other criminal
regulations, etc. of its agents, officers, directors, contractors or employees.
In such event, Company may disclose the User's identity and contact information,
if requested by a government or law enforcement body or as a result of a subpoena
or other legal action, and Company shall not be liable for damages or results
thereof and User agrees not to bring any action or claim against Company for
such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company
from its offices within the State of Indiana, U.S. of America. It can be accessed
from all 50 states as well as from other countries around the world to the
extent permitted by site. As each of these places has laws that may differ
from Indiana by accessing this site, both you and the Company agree that the
statues and laws of the Indiana shall apply to any actions or claims arising
out of or in relation to this Agreement or your use of this site, without
regard to conflicts of laws principles thereof. You and the Company also agree
and hereby submit to the filing of any claim only in the exclusive personal
jurisdiction and venue of Indiana and any legal proceedings shall be conducted
in English. The Company makes no representation that materials on this site
are appropriate or available for use in other locations, and accessing them
from territories where their contents are illegal is prohibited. This Agreement
shall not be governed by the United Nations Convention on Contracts for the
Sale of Goods.
MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties related
to the subject matter thereof, supersedes any prior or contemporaneous (oral,
written or electronic) agreement between the parties and shall not be changed
except by written agreement signed by an officer of the Company. If any provision
of this Agreement is prohibited by law or held to be unenforceable, the remaining
provisions hereof shall not be affected, and this Agreement as much as possible
under applicable law shall continue in full force and effect as if such unenforceable
provision had never constituted a part hereof and the unenforceable provision
shall be automatically amended so as to best accomplish the objectives of
such unenforceable provision within the limits of applicable law. User shall
not assign or transfer this Agreement and any such transfer shall be void.