TERMS AND CONDITIONS
Please read the following carefully. By using the AnySailor.com
website, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT ALL TERMS AND CONDITIONS AS STATED BELOW. If you have any questions about these Terms and Conditions, please email us at Marty@AnySoldier.com.
- TERMS AND CONDITIONS OF USE
website ("Website") is provided to you by Any Soldier Inc. ("Any Soldier®") and use of the Website or services available through it ("Services") are subject to the following Terms and Conditions of Use ("Terms"). Your use of the Website and/or Services constitutes your agreement with Any Soldier® to be bound by, and to act in accordance with these Terms.
- USE OF CONTACT INFORMATION FOR TROOPS
Any contact information for troops overseas provided to you by Any Soldier® is SPECIFICALLY AND SOLELY FOR YOUR INDIVIDUAL USE IN CONNECTION WITH THE SERVICES PROVIDED BY ANY SOLDIER. Use of Any Soldier® contact information for any other purpose whatsoever, including, but not limited to, copying and/or storing by any means (manually, electronically, mechanically, or otherwise) not expressly authorized by Any Soldier is strictly prohibited. Additionally, use of Any Soldier® contact information for any solicitation or recruiting purpose, or any other private, commercial, political, or religious mailing, or any other form of communication not expressly authorized by Any Soldier® is strictly prohibited. Such use(s) may be in direct violation of copyright laws and/or may constitute misappropriation of proprietary information. Such unauthorized use(s) may also violate the rights of privacy and/or publicity of individuals and may result in significant legal action against you.
Any Soldier® reserves the right, at its discretion, to amend, supplement or modify portions of these Terms at any time. The Terms can be accessed from the link located on the Website. By using this Website after the Terms have been changed, you have accepted the amended Terms.
- USE OF SERVICES
You may use the Services only in accordance with the Terms.
Freedom is not free, and unfortunately, neither are the Services.
Any Soldier Inc. is a charitable non-profit organization, 501(c)(3), and provides this web site as a Service. The Services depends on your tax deductible donations to Any Soldier Inc. If you take addresses from the Services, please make a donation. Persons who ignore this and continue to take addresses from the web site will be blocked from further use of the Services.
Please direct any questions concerning the Services by e-mail to: Marty@AnySoldier.com.
The Website is © 2003-2013 by Any Soldier®, or its designees. All rights reserved. Your rights with respect to use of the Website and Services are governed by the Terms and all applicable laws, including but not limited to intellectual property laws. Unless otherwise expressly provided in our Website, you do not acquire ownership rights to any content, document, or other information or materials viewed through our Website or Services. Any copying, republication, or redistribution of any Website or Services content, including by caching, framing, or other means, is expressly prohibited without the prior written consent of Any Soldier® and, if applicable, the third-party copyright holder. Unless otherwise expressly provided in our Website, you may not modify, reproduce, display, publicly perform, distribute, or otherwise use any Website or Services content in any way for any public purpose. You shall also not adapt or copy the HTML or other code used to generate the Website.
If you know of or suspect that the Website or Services have been used or copied in a way that constitutes infringement, please send proper notification to us as described here. According to the Digital Millennium Copyright Act of 1998, proper notification consists of you providing us, at the contact information listed in the Law and Legal Notices section of these Terms below, the following: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (b) a description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g., name, address, phone number, and e-mail address); (e) a statement that you have a "good faith belief" that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner's behalf. Please include "Notice of Infringement" in the subject line.
Any Soldier®, Any Marine®, Any Airman®, Any Sailor®, Any Coast Guardsman®, and the heart-shaped stylized logo are registered trademarks of Any Soldier®. There may be other trademarks, service marks and trade names that are the trademarks of other parties. Unless otherwise expressly provided in our Website, you may not copy, display or use any mark without prior written permission of the mark owner.
- NO RESALE
In addition to the restrictions set forth above, you acknowledge and agree that you may not copy, distribute, sell, resell or exploit for any commercial purposes, any portion of the Website or Services.
- LINKS TO THIRD-PARTY SITES
Any Soldier® is in no way responsible for the content of any site owned by a third party that may be listed on our Website and/or linked to our Website via hyperlink. Any Soldier® makes no judgment or warranty with respect to the accuracy, timeliness or suitability of the content of any site to which the Website may refer and/or link, and Any Soldier® takes no responsibility therefor. By providing access to other websites, Any Soldier® is not endorsing the goods or services provided by any such websites or their sponsoring organizations, nor does such reference or link mean that any third party websites or their owners are endorsing Any Soldier® or any of the Services. Such references and links are for informational purposes only and as a convenience to you.
- MODIFICATIONS TO SERVICES
Any Soldier® reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) with or without notice to you. You agree that neither Any Soldier® nor its affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Services.
- TERMINATION OF ACCESS
Any Soldier® may, in its sole discretion, suspend or terminate your access to the Website and/or Services with or without notice to you, for any reason, at any time, with or without cause.
You understand and agree that any unauthorized use of the Website and/or Services would result in irreparable injury to Any Soldier® and/or its affiliates for which money damages would be inadequate, and in such event Any Soldier®, and/or its affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in the Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that Any Soldier®, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
You agree to indemnify and hold harmless Any Soldier®, its subsidiaries, and affiliates, and their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Services (collectively, "Claims") and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and litigation costs) as a result of any Claims.
- DISCLAIMERS AND LIMITATION OF LIABILITY
You understand and agree that your use of the Website and/or Services is at your own sole risk. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS BY ANY SOLDIER OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LEGAL REPRESENTATIVES, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "ANY SOLDIER® ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ANY SOLDIER® AND THE ANY SOLDIER® ENTITIES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ANY SOLDIER® AND/OR THE ANY SOLDIER® ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD ANY SOLDIER® AND/OR THE ANY SOLDIER® ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU USING THE WEBSITE OR SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY SOLDIER® AND/OR THE ANY SOLDIER® ENTITIES, AS APPLICABLE.
UNDER NO CIRCUMSTANCES SHALL ANY SOLDIER® AND/OR THE ANY SOLDIER ENTITIES®, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE WEBSITE OR SERVICES.
UNDER NO CIRCUMSTANCES SHALL ANY SOLDIER® AND/OR THE ANY SOLDIER® ENTITIES AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF ANY SOLDIER® AND/OR THE ANY SOLDIER® ENTITIES, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, ANY SOLDIER® AND/OR THE ANY SOLDIER® ENTITIES AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED FIVE (5) DOLLARS.
Any Soldier Inc. is not responsible for any information you provide to companies by viewing or clicking on the sponsorships that run on our pages. Any Soldier Inc. does not endorse or recommend any product, service, or other information provided in connection with any sponsorship run on our pages.
- LAW AND LEGAL NOTICES
The Terms represent your entire agreement with Any Soldier® with respect to your use of the Website and/or Services. You understand and agree that, except as expressly set forth herein, the Terms are not intended to confer and do not confer any rights or remedies upon any person other than the parties to the Terms. If any provision of the Terms is deemed unlawful, void, or for any reason unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any Soldier's® failure to pursue any available claim or defense pursuant to the Terms or otherwise will not be a waiver of such claim or defense. The headings used in the Terms are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. The laws of the State of Indiana, excluding its conflicts-of-law rules, govern the Terms and your use of the Website and/or Services. You expressly agree that the courts in the State of Indiana, Allen County have exclusive jurisdiction over any claim or dispute with Any Soldier® or relating in any way your use of the Website and/or Services. Any and all controversies and disputes arising out of, or related to, the Terms and your use of the Website and/or Services shall be finally settled by arbitration in accordance with the Rules of the American Arbitration Association. The place of arbitration shall be Fort Wayne, Indiana. The number of arbitrators shall be three (3), with one chosen by each party and the third to be chosen by the two chosen arbitrators. The award rendered in arbitration shall be final and binding upon the parties, and enforceable by the courts of Indiana. The foregoing shall not in any way restrict Any Soldier's right to pursue legal action for damages or equitable relief for any actions arising out of, or related to, infringement of any intellectual property rights. Any dispute, arbitration or court action will be heard and resolved on an individual basis only and not a class-wide, multiple plaintiff or similar basis. Any such proceeding will not be consolidated with any other proceeding involving any other person, except for disputes involving affiliates of the parties to such arbitration. Any claim or cause of action you may have arising out of your use of the Website and/or Services must be filed within one (1) year after such claim or cause of action arose or be barred permanently.
Any legal notices to Any Soldier® under this Agreement should be sent to:
|Any Soldier Inc.|
P.O. Box 29
Hoagland, IN 46745-0029