Last modified and effective date: February 29, 2016.
Please carefully review the TOU set forth below before using or accessing the Website, the Web App or applying for the Program. By using and/or accessing the Website and/or Web App, you acknowledge that you have read and agree to be bound and abide by these TOU. If you do not agree with these TOU, you must not access or use the Website and/or Web App.
Military and Veterans Appreciation Trust Foundation (“MVAT”), by and through Heroes Linked, owns and operates the Web App and the Website. MVAT and Heroes Linked and their respective members, affiliates, employees, directors and officers shall be collectively referred to herein as the “Heroes Linked Parties,”, “us,” “our” and “we”)
The Heroes Linked Parties may, in their sole discretion, amend or modify these TOU and new conditions may be imposed at any time without notice. Any such changes or additions will be reflected in an update to this posting. Notices of changes to these TOU may be generally displayed on the Web App or the Website. Please periodically check these TOU for changes. Your continued use of and/or access to the Web App and the Website following the posting of changes to these TOU confirms your agreement, and willingness to comply, with such changes. All future changes are hereby incorporated by reference into these TOU. When applying to the Program, you may be subject to additional rules and procedures applicable to the Program, which will be posted or otherwise be made available to you. All such additional rules and procedures are hereby incorporated by reference into these TOU.
All materials on the Website and Web App, including but not limited to all information, images, text, video and audio, displays, data, trademarks, service marks, and logos (including the design, selection and arrangement thereof), are, unless otherwise noted, the exclusive property of the Heroes Linked Parties and are protected by United States copyright, trademark and other applicable law. You must not copy, download, reproduce, republish, reuse, distribute, transmit, store, create derivative works of, publically display, or modify any of the material on the website for any purpose without our express written permission, except that you may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the Website. You may also make a single copy of the content displayed on any page of the Website to be used for your personal and non-commercial use which does not harm the reputation of the Heroes Linked Parties, provided that you do not remove any trademarks, copyrights and any other notice contained in such content.
If you use the Website in breach of these TOU, your right to use the Website and/or Web App will cease immediately and you must, at our option, return or destroy any copies of any materials you have created. No right, title or interest in or to the Website and/or Web App or any content thereof is transferred to you, and all rights not expressly granted are reserved by the Heroes Linked Parties. Any use of the Website and/or Web App not expressly permitted by these TOU is a breach of these TOU and may violate copyright, trademark and other applicable laws.
Through the Program, we offer advice opportunities to U.S. citizen applicants residing within the United States from the U.S. Armed Forces including the transitioning service member community, Veterans, reservists, spouses of Veterans and military service members, and National Guard members (the “Advisees”). The Program matches an Advisee with a advisor (the “Advisor”) from Heroes Linked’s participating Advisors pool.
Participation in the Program is completely voluntary and we do not make any guarantees that its Advisors will fulfill our expectations or the Advisee’s.
Each Advisee and Advisor will be asked to complete an application (the “Advisee Application” and the “Advisor Application,” respectively) disclosing personal information, and each Advisee will be asked for supporting, confirmatory information. The Heroes Linked Parties do not, however, conduct independent background checks on any of the Advisee or Advisor applicants. While we are entitled to verify information submitted by applicants, we are not required to do so, and are not responsible for any inaccuracies, mischaracterizations, or embellishments contained in the Advisee Applications or Advisor Applications.
All applicants to the Program acknowledge through the submission of their applications that neither of the Heroes Linked Parties may be held responsible or liable for the success or failure of the Program, or for any action or failure to act by the Advisees or Advisors. Such applicants expressly acknowledge by using the Web App and the Website that the Advisors are merely advisors that leverage their knowledge and experience, and are not counselors, therapists, or job placement professionals. While the Advisors shall make a good faith effort to assist the Advisees, neither the Heroes Linked Parties nor the Advisors may be held liable for the substance or quality of the Advisors’ advice, and neither the Heroes Linked Parties nor the Advisors warrant that the Program will lead to a particular outcome or future Advisee employment.
It is anticipated that Heroes Linked will receive a number of Advisee Applications that exceeds those advising opportunities available. The Heroes Linked Parties will have the sole right, in their sole discretion, to select those Advisee applicants they believe will be best suited for the Program. Applicants not selected may be offered an opportunity to be matched with a Advisor at a future date, but no such opportunity is guaranteed.
By accessing the Web App or the Website, you hereby agree that, in connection with your use of the Web App and the Website, you will not:
A. e-mail, link, post, upload or otherwise transmit
i. any content that is abusive, defamatory, fraudulent, harassing, harmful, hateful, invasive of anyone’s privacy, libelous, obscene, offensive, pornographic, profane, threatening, tortious, unlawful, vulgar, or racially, ethnically or otherwise objectionable; or that discloses personal or private matters concerning any person, other than in connection with submission of an application for the Program;
ii. any content that constitutes or encourages criminal conduct or results in civil liability, or otherwise violates any local, state, national or international laws; iii. any content that you do not have a right to transmit under any laws or regulations, or under a contractual or fiduciary relationship (such as inside information or proprietary or confidential information learned or disclosed as part of an employment relationship or under a confidentiality or nondisclosure agreement);
iv. any content that infringes any patent, copyright, trademark, trade secret or other intellectual property right, or privacy or publicity right, of any party;
v. any advertisements, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or other forms of solicitation;
vi. any material that contains software viruses, worms, “trojan horses,” or any other computer code, files or programs designed to destroy, interfere with or restrict the functionality of any computer software or hardware or telecommunications equipment;
vii. any content that constitutes or includes false or misleading indications of origin or statements of fact; or
viii. any content that is irrelevant to the subject matter of the Web App, Website or the Program;
B. engage in any activity that adversely affects or reflects negatively on the Heroes Linked Parties, the Web App, the Website, the Program or the Heroes Linked Parties’ goodwill, name or reputation; causes duress, distress or discomfort to the Heroes Linked Parties or anyone else; or discourages any person or entity from using or accessing the Website or applying for the Program;
C. link to the Web App or Website using a “frame” containing any sponsorship, advertisements or other commercial text or graphics;
D. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
E. interfere with or disrupt the Web App or the Website or servers or networks connected to the Website, or fail to comply with any requirements, procedures, policies or regulations of networks connected to the Website;
F. violate or attempt to violate the security of the Web App or the Website through, taking any of the following actions, which are included as examples only and do not constitute an exclusive list of violations:
i. accessing data or logging into a server for which you are not authorized to access or log into;
ii. probing, scanning or testing, or attempting to probe, scan or test, the vulnerability of a system or network, or breaching security or authentication measures without proper authorization; or
iii. interfering or attempting to interfere with service to any user, host or network, including, but not limited to, submitting a virus to, or overloading, “crashing,” “flooding” or “mailbombing” the Web App or the Website; or
G. violate, or encourage the violation of, any local, state, national or international laws. Violations of this section by you may result in civil or criminal liability.
You expressly understand and agree that:
A. Your use of and access to the Web App and the Website and any Third Party Services is at your sole risk.
THE WEB APP, THE WEBSITE AND ALL MATERIALS ON OR REFERENCED BY THE WEBSITE, AND ANY THIRD PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE HEROES LINKED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT, OF MERCHANTABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OTHER HARMFUL ELEMENTS, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
B. WE MAKE NO WARRANTY THAT (I) THE WEB APP, THE WEBSITE OR THE THIRD PARTY SERVICES (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (C) WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE RESULTS OBTAINED FROM YOUR USE OF THE WEB APP, THE WEBSITE, OR THE THIRD PARTY SERVICES WILL BE ACCURATE OR RELIABLE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE WEB APP, THE WEBSITE, OR THE THIRD PARTY SERVICES WILL MEET YOUR EXPECTATIONS; (IV) YOUR USE OF THE WEB APP, THE WEBSITE, AND THE PROGRAM WILL RESULT IN FUTURE EMPLOYMENT OR PROFESSIONAL SUCCESS; AND (IV) ANY ERRORS IN THE WEB APP, THE WEBSITE, OR THE THIRD PARTY SERVICES WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH THE USE OF OR ACCESS TO THE WEB APP, THE WEBSITE, OR THE THIRD PARTY SERVICES IS DONE AT YOUR OWN DISCRETION AND SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING, STREAMING OR ACCESSING OF ANY SUCH MATERIAL.
D. NO WARRANTY SHALL BE CREATED BASED UPON ORAL OR WRITTEN ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEB APP, THE WEBSITE, THE HEROES LINKED PARTIES, ADVISORS, OR THE THIRD PARTY SERVICES, UNLESS EXPRESSLY STATED IN THESE TOU.
E. THE HEROES LINKED PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT ANY CONTENT OR THE THIRD PARTY SERVICES PROVIDED IN THE WEB APP OR THE WEBSITE ARE APPROPRIATE OR AUTHORIZED FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTIES OR ANY OTHER JURISDICTIONS. IF YOU CHOOSE TO ACCESS THE WEB APP OR THE WEBSITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
IN NO EVENT WILL THE HEROES LINKED PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR/AND THE WEB APP OR ANY CONTENT ON THE WEBSITE AND/OR THE WEB APP, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, OPPORTUNITIES, BUSINESS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE HEROES LINKED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, ARISING FROM (A) THE USE OR THE INABILITY TO USE THE WEB APP, THE WEBSITE, OR THE THIRD PARTY SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSMISSIONS RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEB APP, THE WEBSITE, OR THE THIRD PARTY SERVICES, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (D) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEB APP, THE WEBSITE, OR THE THIRD PARTY SERVICES, OR (E) ANY OTHER MATTER RELATING TO THE WEB APP, THE WEBSITE, OR THE THIRD PARTY SERVICES. THIS LIMITATION OF LIABILITY APPLIES WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSE BY ANY ERROR, OMISSIONS OR OTHER FAILURE OF PERFORMANCE BY THE HEROES LINKED PARTIES, THEIR AFFILIATES, AND PARTNERS, ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE, ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE HEROES LINKED PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE TERMS OF SECTIONS 7 AND 8, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE HEROES LINKED PARTIES TO YOU EXCEED THE FEES PAID BY YOU (IF ANY) FOR ANY SERVICES GIVING RISE TO SUCH LIABILITY.
Notwithstanding any other term of these TOU or any act or failure to act by the Heroes Linked Parties, you hereby agree to indemnify, defend and hold harmless the Heroes Linked Parties and each of their officers, directors, governors, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, officials, agents, representatives, successors and assigns from and against any claims, liabilities, damages, awards, costs, expenses, or fees (including reasonable attorney’s fees), demands and/or losses, arising out of:
A. information you submit or transmit through the Web App or the Website (including any links to other websites or resources contained in such information);
B. your use of or access to the Web App or Website;
C. your participation in any activities arising from the Web App or the Website, including, without limitation, the Program;
D. your connection to the Web App or the Website;
E. your violation of, or failure to perform any of, your obligations under these TOU; and/or
F. your violation of any rights of a third party.
The Heroes Linked Parties reserve the right to modify, update, restrict access to or discontinue, temporarily or permanently, the Web App and the Website without notice, at any time and at their sole discretion. You agree that the Heroes Linked Parties shall not be liable to you or to any third party for any modification, restriction, suspension or discontinuation of the Web App or the Website.
The Web App and the Website may contain, include or provide links to other websites or resources. Further, other websites or resources may provide links to the Web App or the Website. The Heroes Linked Parties have no control over such other websites and resources, and you acknowledge and agree that the Heroes Linked Parties are not responsible for the availability of such external websites or resources and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. Such links shall not imply endorsement or sponsorship by, or association or affiliation with, any of the Heroes Linked Parties. You further acknowledge and agree that the Heroes Linked Parties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or arising from your use of or reliance on any such content, goods or services available on or through any such website or resource, or the actions of the operators of any such website or resource.
You further understand and acknowledge that it may be necessary or appropriate to use the services, software, technology, data and/or other content of third parties (collectively, the “Third Party Services”) either independently or in conjunction with certain programs, features or functions available through the Web App or Website. Such Third Party Services may be downloaded to and/or stored on your computer or otherwise employed in conjunction with certain aspects of the Web App or Website without notice. Your use of Third Party Services may be subject to terms and conditions established by third-party providers, which may be different from these TOU. Furthermore, Third Party Services may be sourced either through the Web App or the Website or through a third-party website. In any case, you agree and acknowledge that the Heroes Linked Parties shall not be liable with respect to your use of such Third Party Services.
The Heroes Linked Parties are based in the state of Virginia in the United States. We provide the Website and/or Web App for use only by persons located in the United States. We make no claims that the Website and/or Web App or any of its content is accessible or appropriate outside of the United States. Access to the Website and/or Web App may not be legal by certain persons or in certain countries. If you access the Website and/or Web App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Please be aware that any personal information you transfer to us will be transferred to the U.S. and will be subject to U.S. law. By using this Website and/or Web App, participating in any activities related to this Website and/or Web App, and/or providing us with information, you consent to the transfer of your personal information to the U.S., and waive any claims that may arise under your own local and national laws.
These TOU and the relationship between you and the Heroes Linked Parties shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. In using the Web App or the Website, you expressly agree to submit to the personal and exclusive jurisdiction of the state courts of the Commonwealth of Virginia and to the Alexandria Division of the United States District Court for the Eastern District of Virginia, and you hereby waive any argument that such courts do not have jurisdiction over you or that venue in any such courts is not appropriate or convenient. The Heroes Linked Parties will be entitled to recover their court costs and reasonable attorney’s fees and expenses incurred if they successfully prove your breach of any term of these TOU.
You agree that the Heroes Linked Parties, at their sole discretion, may terminate your access or use of the Web App or Website for any reason, including, without limitation, their belief that you have violated or have not acted in accordance with the letter or spirit of these TOU. You agree that any termination of your use of and access to the Web App or Website under any provision of these TOU may be effectuated without prior notice, and acknowledge and agree that the Heroes Linked Parties may immediately delete all related information and/or files associated with you and/or bar any further access to such files or the Web App or the Website, without prejudice to any legal or equitable remedies available to the Heroes Linked Parties at law. In the event of termination, you will immediately discontinue your use of the Web App and the Website and destroy all materials obtained from it. Further, you agree that the Heroes Linked Parties shall not be liable to you or to any third party for any termination of your use of, or access to, the Web App or the Website.
From time to time, the Heroes Linked Parties may provide notices to you by e-mail or postal mail. You may contact Heroes Linked regarding the Website by e-mail to email@example.com or by postal mail to:
c/o MVAT Foundation
13636 Ventura Boulevard, Suite 218
Sherman Oaks, CA 91423