Terms of Service
Last Modified February 21st, 2019
In this section we will discuss warranty disclaimers, limitations of liability, future changes to the Terms, and other legal matters.
The Support a Soldier ("SaS") website ("Site") contains information about donating funds to soldiers in need who are currently deployed or have orders to deploy in the near future.
By visiting or using the Site, you hereby agree to comply with the terms, which, together with our Privacy Policies, govern SaS’s relationship with you as it relates to your use of this Site.
In order to use the Site you must be (i) 18 or older, (ii) have the power to enter a binding contract with SaS; and (iii) not be prohibited from doing so under any applicable laws.
You agree that all information you provide to SaS will be honest, accurate, up to date and thoroughly complete and that you will update your personal information as necessary in order to maintain such information as true, accurate, up to date and complete. SaS is not liable for any loss or damage arising from your failure to comply with these requirements. You acknowledge and agree that any personal information that you provide to SaS will be used by SaS in accordance with our Privacy Policies.
Copyright and Limited License
Some areas of the Service allow Users to post Content (such as feedback, comments, questions and other information) (“User Content”). You are solely responsible for the User Content that you submit, post, upload, embed, publish, link, display, communicate, or distribute to or otherwise make available (defined herein as, “post”) on the Service.
You agree not to post User Content that:
(a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(b) may create a risk of any other loss or damage to any person or property;
(c) may constitute or contribute to a crime or tort;
(d) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, obscene, hateful, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
(e) contains any information or content that is illegal;
(f) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(g) contains any information or content that you know is not correct and current;
(h) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Service; or
(i) is an unsolicited commercial communication not permitted by law.
You agree that any User Content, and SaS's use thereof as contemplated by this Agreement, that you post does not and will not violate or infringe on any third-party rights of any kind, including, without limitation, any Intellectual Property Rights (as defined below), privacy rights, or rights of publicity.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You will be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish your User Content and you license to SaS all Intellectual Property Rights in and to such User Content for publication on the Service pursuant to this Agreement. In addition, you affirm, represent, and warrant that you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement; and each such person has released you from any liability that may arise in relation to such use.
SaS reserves the right, but is not obligated, to reject and/or remove any User Content that SaS believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
SaS takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. SaS does not guarantee any confidentiality with respect to any User Content you post. You acknowledge that User Content posted through the Service is placed into a public forum and that you have no expectation of privacy with any such postings. You make all such disclosures at your own risk. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. SaS is not responsible for any public display or misuse of your User Content. SaS does not endorse any User Content or any opinion, recommendations or advice expressed within any User Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree that SaS will not be liable for any damages you allege to incur as a result of such content. Pursuant to 47 U.S.C. Section 230 (d) as amended, SaS hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. The following vendors provide such protections: Net Nanny (http://www.netnanny.com); WebWatcher (http://webwatcherkids.com); Sentry Parental Controls (http://sentryparentalcontrols.com). Support A Soldier Clearinghouse, Inc. does not endorse any products or services available through the referenced vendors.
You are solely responsible for your interactions with other SaS Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Except as otherwise marked, the Site and all content and other materials on the Site, including,
without limitation all trademarks, service marks, texts, graphics, pictures, video, and information are at the sole discretion of SAS as to their use.
Any Site user may become a donor (“Donor”) by pledging a donation to SaS through our donation services on this Site or by holding a fundraising event on behalf of SaS. You understand that your contribution is being made to SaS and that our organization has exclusive and sole legal control over any and all donations made to SaS. If you make a donation, you will be required to provide credit card information, access Pay Pal, or send a check or cash to SaS to provide a pledge. By making a donation you agree that all payment information you provide to SaS will be honest, accurate, up to date, and complete and that you will update payment information as necessary. In the event that your payment cannot be processed, you agree to immediately provide SaS with alternative payment information to fulfill your donation pledge. You agree that all donations are final and will not be returned in whole or in part under any circumstances.
Disclaimer of Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SUPPORT A SOLDIER CLEARINGHOUSE, INC. AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. YOU HEREBY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
SAS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SUPPORT A SOLDIER CLEARINGHOUSE, INC. SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SUPPORT A SOLDIER CLEARINGHOUSE, INC. WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUPPORT A SOLDIER CLEARINGHOUSE, INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL SUPPORT A SOLDIER CLEARINGHOUSE, INC. BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPPORT A SOLDIER CLEARINGHOUSE, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL SUPPORT A SOLDIER CLEARINGHOUSE, INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS WHATSOEVER.
Electronic Transactions & Records
You agree that all of your transactions with or through the Service may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of the terms in this Agreement unless you enter into different terms provided by us. You are responsible for printing or making an electronic copy of this Agreement and any other contract or disclosure that we are required to provide to you.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless SaS and its subsidiaries, agents, managers, licensors, licensees, representatives, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service, including any data or work transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights; (d) your violation of any law, rule, or regulation of the United States or any other country; (e) any claims or damages that arise as a result of any of your User Content or any that are submitted via your account; or (f) any other party’s access and use of the Service with your unique username. You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Complaints and Legal Notices
All complaints and legal notices should be mailed to:
Attn: Legal Department
PO Box 371571
Denver, CO 80237