720 Foundation™
USER AGREEMENT
This User Agreement ("Agreement") is between you and the 720 Foundation with a principal place of business at 4454 Trinity Mills Road #100 Dallas, TX 75287 and its subsidiaries and affiliates (collectively “720 Foundation”). This Agreement shall apply to the 720 Foundation (720foundation.org and 720foundation.com) web sites, Vet720 (vet720.com, vet720.org, vets720.com, vets720.org, veteran720.com, veteran720.org, veterans720.com and veterans720.org) web sites, and any other websites operated by the 720 Foundation (collectively hereinafter the “Websites,” “Sites,” or “Site”). Your rights and obligations under this Agreement and in using these Sites are not assignable. Your use and access of the Websites constitutes your acceptance, without modification, of the terms, conditions and notices contained herein. In addition, when using particular 720 Foundation services, you shall be subject to any posted guidelines, rules, and policies applicable to such services that may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference into this Agreement.
By using the Sites, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT THE TERMS THEREOF. Please read the following terms carefully. If you do not agree to the terms and conditions of this Agreement, you may NOT access, view, obtain goods or services from, or otherwise use the Sites.
- You acknowledge that you are a current or former active duty personnel, reservist, or national guardsman of the US armed services, e.g., Army, Navy, Air Force, Marines, Coast Guard, or that you are the spouse or family member of such a current or former active duty personnel, reservist, or national guardsman.
- You acknowledge that you are 13 years of age or older, and, if under the age of 18, are using these Sites under the supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to visit or otherwise use our Site.
- You acknowledge that certain third parties have agreed to partner and or sponsor the 720 Foundation (“Partners”) and exchange for their support such Partners may be allowed to provide information on our Sites and links to the web sites of the Partners (collectively “Partner Information”).
- You agree to the terms and conditions of the 720 Foundation Privacy Policy,
hereby incorporated by reference, which details the ways in which 720 Foundation and other parties might use personal information that belongs to you. In accordance with the Privacy Policy, 720 Foundation may use information and materials received from you or collected through your use of our Sites, and may disclose such information to third parties.
- You are responsible for regularly reviewing this Agreement. 720 Foundation reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of this Agreement, in whole or in part, at any time, without prior notice.
- You acknowledge that you own or otherwise control all of the rights to the content that you provide to the Sites; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify for all claims resulting from content you supply.
- You shall not submit, upload, email, post or transmit to, or distribute or otherwise publish through the Sites any material which: (i) disrupts the normal flow of dialogue and/or exchange on the Sites, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using and enjoying the Sites; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, hateful, embarrassing, pornographic, profane, sexually explicit, or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the local, state, or national laws of any country; (iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, trade secrets, or any other proprietary right; (v) contains a virus, worm, Trojan horse, or other harmful component; (vi) contains any information, software, or other material of a commercial nature; (vii) contains solicitations or advertisements of any kind; (viii) constitutes or contains false or misleading indication of origin or statement of fact; or (ix) contains chain letters or pyramid schemes.
- 720 Foundation reserves the right to release information you provide to the 720 Foundation to the proper authorities, as a result of a violation of our standards or unlawful acts, if the information is subpoenaed and/or if 720 Foundation deems it necessary and/or appropriate. 720 Foundation has the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion.
- By providing any information in any other form to or through the Sites (“Information”), you hereby grant to 720 Foundation a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Information throughout the world, in all media now known or hereafter developed. You hereby waive all rights to any claim against 720 Foundation for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Information.
- You will be responsible for the content of your Information and the consequences of posting or otherwise transmitting such Information. 720 Foundation does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by the Site users and Partners or endorse any opinions expressed by such users or Partners. 720 Foundation does not screen, monitor or approve Information from our Site users or Partners in advance. If 720 Foundation receives notification about a user or Partner regarding Information that allegedly does not conform to this Agreement, 720 Foundation has the right, but not the obligation, to investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Information. 720 Foundation has no liability or responsibility to users for performance or nonperformance of such activities. 720 Foundation reserves the right to expel users and prevent their further access to the Sites for violating this Agreement or violating the law. 720 Foundation has the right, but not the obligation, to remove Information that is abusive, illegal, disrespectful, disruptive, or otherwise problematic.
- 720 Foundation may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Sites, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against 720 Foundation and its Partners in the event of a dispute arising out of this Agreement, the Sites or your use thereof, is to terminate this Agreement by ceasing your use of the Sites. In the event of termination of this Agreement, 720 Foundation may delete and/or store, in its discretion, data associated with your use of the Sites. 720 Foundation may also change, suspend, or discontinue any aspect of the Sites at any time, including the availability of any Site feature, database, or content.
- The Sites contain information about the 720 Foundation, its Partners, and other information. While this information was believed to be accurate as of the date prepared, 720 Foundation disclaims any liability arising from its accuracy and any duty or obligation to update this information or any other content.
- 720 Foundation makes no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the Sites. 720 Foundation makes no guarantee of the accuracy, correctness or completeness of any information on the Sites, and shall not be responsible for: (i) any errors of omission arising from the use of such information; (ii) any failures, delays or interruptions in the delivery of any content or service contained within the Sites; and (iii) any defamatory, libelous or unlawful material contained within the Site, including resumes, emails, profiles, opinions, advice, statements, memorandums or discussion board postings, or materials related to a users' use of the Site's chat features. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. You acknowledge that neither 720 Foundation, its Partners, nor other Users of the Sites, while such Users are participating in the Sites, are engaged in rendering legal, medical, counseling, or other professional services or advice. 720 Foundation encourages you to seek appropriate professional advice for any situation or problem that you may have. 720 Foundation has the right, but not the obligation, to correct any errors or omissions in any portion of the Sites.
- 720 Foundation is not involved in any transaction between any parties who use our Sites. There are risks that you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. The Sites are a venue only and 720 Foundation does not screen, censor, or otherwise control the information provided by the Partners, its users, or their behavior. 720 Foundation cannot control whether or not users or Partners will complete the transactions they describe on our Sites. It is extremely important that you use care throughout your dealings with other people on these Sites.
- You agree and acknowledge that 720 Foundation has no control over a Partner’s decision to consider you for employment or that the employment positions listed by a Partner will actually be available.
- 720 Foundation prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, user account numbers/passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages, from any party, related to such exposure.
- Gathering email addresses from 720 Foundation through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with 720 Foundation should be directed to: 720 Support.
- YOU AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK. THE SITES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH THE SITES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL 720 FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF 720 FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM 720 FOUNDATION’S NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, 720 FOUNDATION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. 720 FOUNDATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, 720 FOUNDATION’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ANY ADDITIONAL DISCLAIMERS APPEARING WITHIN THE BODY OF THE SITES AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THESE SITES OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
- The links found on the Sites will let you leave our Sites and go to sites operated by parties other than 720 Foundation, e.g., Partners’ and career and employment web sites. The linked sites are not under the control of 720 Foundation and 720 Foundation is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. Such links by the Sites to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by 720 Foundation or any of its affiliates of any third party or their content nor the existence of a partnership, joint venture, agency, or other relationship between 720 Foundation or any of its affiliates and any linked third party or their content. 720 Foundation does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.
- By offering a number of third party products and services, including advertisements, on our Sites, 720 Foundation makes no warranties or representations of any kind as to the content or suitability of the subject matter of any web site, product or service from any such third party business or individual. 720 Foundation expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or web site content of these and any other third parties, and you waive any claims against 720 Foundation for damages arising from such transactions or your reliance upon statements contained therein. You will not consider 720 Foundation nor will 720 Foundation be construed as, a party to such transactions, whether or not 720 Foundation may have received some form of revenue or other remuneration in connection with the transaction. Partners are responsible for all aspects of your interaction with them. You agree that your interaction with such Partners is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS 720 FOUNDATION LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND PARTNERS FOUND ON THE SITES OR FOR ANY INFORMATION APPEARING ON PARTNER’S SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITES. You agree to abide by the terms of use, if any, associated with any information or offers made available on the SITES.
- This Agreement shall be governed and constructed in accordance with the laws of the State of Texas without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Dallas, TX.
- Any cause of action you may have with respect to your use of the Sites must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
- You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an "Action") against 720 Foundation and/or each of its subsidiaries, affiliates, directors, officers, agents, employees, licensors or sublicensees, (collectively, the "Indemnitee") to the fullest extent permitted by law arising out of or in connection with (1) an assertion that the information, content or other materials or services provided or made available by you or the use thereof may infringe any copyright or trademark rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under this Agreement; and (3) any Information provided by you on the Sites, or statements made by you in the Sites or through other media. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities and attorneys' fees incurred in defending and/or resolving such Action.
- Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to the 720 Foundation 4454 Trinity Mills Road #100 Dallas, TX 75287 Attention: President and CEO.
- This Agreement and our Privacy Policy contain the entire agreement between you and 720 Foundation with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 720 Foundation with respect to this Site. Any rights not expressly granted herein are reserved.