Military Spouse Business Academy
Terms of Service
Last Updated: 4/27/2015
These Terms of Service (“Terms”) are a legal agreement between you and the Military Spouse Business Academy (hereinafter referred to as “MSBAcademy,” “we” or “us”) and apply to your access to and use of our websites, mobile applications and services (collectively, the “Services”).
If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email, providing notice through the Services and/or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review these Terms to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services.
If you have any question regarding the Services or these Terms, please contact us at firstname.lastname@example.org.
- Description of Service
MSBAcademy provides users access to resources, including, but not limited to, business listings, business advice and mentoring, email newsletter offerings, and various communication tools. MSBAcademy assumes no responsibility or liability for the timeliness, accuracy, or relevance of any such resources. You agree that you must evaluate, and bear all risks associated with, the use of the Services, including any reliance on the accuracy, completeness, or usefulness of the Services.
- Eligibility, Registration and Account
The Services are not targeted towards, nor intended for use by, anyone under the age of 18 unless they have the permission and involvement of their parent or guardian. If you are under the age of 18, you represent that your parent or legal guardian has read and agrees to these Terms on your behalf. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services; (b) do not have more than one account with us; and (c) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.In order to access and use certain areas and features of the Services, you will need to register for an account. When registering for an account, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account; and (d) promptly notify us if you discover or otherwise suspect any security breaches related to the Services.
- Paid Services
Some of the Services may be offered only on a paid (not free) basis. Only valid credit cards or other payment methods specified by us may be used to pay for the Services. By placing an order for paid Services, you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize us, or our payment processor, to charge your designated payment method. If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your order. You are responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase and use of the Services.
- Third Party Terms
- Interactions with Others
Our Services provide a platform for members to interact and communicate with one another and MSBAcademy volunteers. MSBAcademy is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other members of our Services and MSBAcademy volunteer organizations. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services.We cannot and do not confirm each member’s identity. You are solely responsible for determining the identity and suitability of others with whom you may interact through our Services. Further, we do not endorse any members or businesses who use or register for our Services. We do not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the Services.
- Copyright and Limited License
Unless otherwise indicated by us, the Services and all content and other materials therein, including, without limitation, the MSBAcademy logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “MSBAcademy Content”) are the proprietary property of MSBAcademy or our licensors or suppliers and are protected by U.S. and international copyright laws.We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Services and MSBAcademy Content for your internal business use. Such license is subject to these Terms and does not include (a) any resale of the Services or the MSBAcademy Content; (b) the distribution, public performance or public display of any MSBAcademy Content; (c) modifying or otherwise making any derivative uses of the Services or the MSBAcademy Content, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services or the MSBAcademy Content, except as expressly permitted by us; and (f) any use of the Services or the MSBAcademy Content other than for their intended purposes. Any use of the Services or the MSBAcademy Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
“MSBAcademy,” the MSBAcademy logo and any other MSBAcademy product or service names, logos or slogans that may appear on the Services are trademarks of MSBAcademy, in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, except for use by active MSBAcademy members to represent their MSBAcademy membership on their websites, email signatures, and business cards. You may not use any metatags or other “hidden text” utilizing “MSBAcademy,” or any other name, trademark or product or service name of MSBAcademy without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MSBAcademy and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and MSBAcademy names or logos mentioned through the Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You are granted a limited, nonexclusive right to create a text hyperlink to the Services, provided that such link does not portray MSBAcademy or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services, or websites linking to the Services. Such sites are not under the control of MSBAcademy, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by MSBAcademy of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
- Acceptable Use
By accessing and using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You further agree that you will abide by these Terms and will not:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit others from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Use the Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Services);
- Stalk, intimidate, threaten or otherwise harass or cause discomfort to any other member of our Services;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract personal information or other data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
- Use or attempt to use another’s account without authorization;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
- Develop any third-party applications that interact with the Services without our prior written consent; and
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.
- Member Content
Some of the Services contain interactive areas or features where you can create, post, transmit or store business listings, blog posts or other content (collectively, “Member Content”). You agree that you are solely responsible for any Member Content you submit and that you will not post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- Member Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Member Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Member Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- Member Content that, in the sole judgment of MSBAcademy, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose MSBAcademy or our members to any harm or liability of any type.
You grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute Member Content on or in connection with the Services. By submitting Member Content to MSBAcademy, you represent and warrant that (a) you own and control all right, title and interest in and to the Member Content or otherwise have all the necessary rights to grant the license set forth above and to post an use such Member Content to the Services; (b) the Member Content is accurate and not misleading or harmful in any manner; and (c) the Member Content, and your use and provision thereof in connection with the Services, do not and will not violate these Terms or any other applicable terms, laws, rules, regulations or the rights of any other person or entity.
You acknowledge that MSBAcademy and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Member Content that is available via the Services. MSBAcademy and its designees shall have the right to remove any Member Content regardless of whether such content violates these Terms.
We welcome your questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about MSBAcademy and our Services (collectively, “Feedback”); however, you understand that any Feedback you submit is non-confidential and shall become the sole property of MSBAcademy. We will own exclusive rights, including all intellectual property rights, in and to any Feedback you provide and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If you do not agree to the terms in this section, do not provide us with Feedback.
You agree to defend, indemnify and hold harmless MSBAcademy and our officers, agents, partners, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents (collectively, “MSBAcademy Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) any Member Content you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) any Feedback you provide; (d) your violation of these Terms; or (e) your violation of the rights of another.
MSBAcademy makes no warranties of any kind regarding the Services, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- Limitation of Liability
IN NO EVENT SHALL MSBAcademy OR MSBAcademy PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY PERSON ON ANY INFORMATION OBTAINED FROM MSBAcademy OR OTHER MSBAcademy MEMBERS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MSBAcademy’S RECORDS, PROGRAMS OR SERVICES.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MSBAcademy OR THE MSBAcademy PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES OR TO THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO MSBAcademy FOR THE SERVICES.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 LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU
- Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MSBAcademy AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.You and MSBAcademy agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and MSBAcademy are NOT required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.You and MSBAcademy agree (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Norfolk, Virginia; and (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND MSBAcademy WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
- Governing Law; Venue
These Terms are governed by and construed in accordance with the laws of Virginia of and applicable United States law, without giving effect to any conflict of laws principles. You agree that any action at law or in equity arising out of or relating to the Services or the Terms will be filed only in the state and federal courts located in Norfolk, Virginia.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion thereof, and to block or prevent your future access to and use of the Services or any portion thereof.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.