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Terms and Conditions of Use
Terms & Conditions:
1. ACCEPTANCE OF TERMS

The following agreement outlines your obligations when using The American Legion website available at <http://www.legion.org/>, (the “Site”).  The Site is owned and operated by The American Legion (“The American Legion”), and is accessed by you under the terms of use described below (“Terms of Use”).  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES AVAILABLE ON THE SITE.  BY ACCESSING THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE.  THE AMERICAN LEGION’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY THE AMERICAN LEGION, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATIONS OF TERMS OF USE

The American Legion reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time.  If the alterations constitute a material change to the Terms of Use, The American Legion will notify you by posting an announcement on the Site.  What constitutes a “material change” will be determined at The American Legion’s sole discretion, in good faith and using common sense and reasonable judgment.  You are responsible for reviewing and becoming familiar with any such modifications.  Use of the Site by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE 

Subject to full compliance with the Terms of Use, The American Legion may offer to provide certain services and content, as described more fully on the Site, (“Services”). Services shall include, but not be limited to, any service The American Legion performs for you, as well as the offering of any content displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips (together, the “Content”). The American Legion may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any service, feature, or Content. The American Legion may also impose limits on certain features, services, or Content or restrict your access to parts or all of the Services without notice or liability.

4. USER CONDUCT 

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by The American Legion.  By way of example, and not as a limitation, you agree not to use the Services:

1. to abuse, harass, threaten, impersonate, or intimidate others; 
2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party; 
3. for any illegal or unauthorized purpose.  If you are accessing the Site from outside the United States, you agree to comply with all local laws regarding online conduct and use of the Services; 
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any Site user; 
5. to create or submit unwanted email (“Spam”) to any other person or any URL; 
6. to submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content; 
7. with the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission
8. to take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
9. to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; 
10. to bypass any measures we may use to prevent or restrict access to the Site or any part of the Site; 
11. to advertise to, or solicit, any user to buy or sell any products or services or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Site user without their prior explicit consent; 
12. Engage in any action which The American Legion determines is detrimental to the use and enjoyment of the Site, including creating multiple Site Accounts or screen names for an individual Site user;
13. share, sell, transfer your, Site Account, login information, or password or otherwise permit any other person to access the Site using your Site Account, login information, or password. 

5. PRIVACY POLICY

The American Legion’s current privacy policy is available at http://www.legion.org/national/webprivacypolicy (the “Privacy Policy”), which is incorporated by this reference. 

6. INDEMNITY

You will indemnify and hold harmless The American Legion, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use, or the infringement by you of any intellectual property or violation of any right of any person or entity by you or any third party using your Site Account, login information, or password.

7. WARRANTY DISCLAIMERS

You acknowledge that The American Legion has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the content on the Site may have on you; how you may interpret or use the content on the Site; or what actions you may take as a result of having been exposed to the content on the Site. You release The American Legion from all liability for you having acquired or not acquired content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate.  The American Legion makes no representations concerning any content contained in or accessed through the Site or Services, and The American Legion will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. The American Legion makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.  USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER THE AMERICAN LEGION NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF THE AMERICAN LEGION, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS.  THE AMERICAN LEGION IS NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.  IN NO EVENT WILL THE AMERICAN LEGION OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS.  IN NO EVENT WILL THE AMERICAN LEGION OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE. 

8. LIMITATION OF LIABILITY 

IN NO EVENT SHALL THE AMERICAN LEGION OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

9. YOUR REGISTRATION OBLIGATIONS 

Members of the American Legion will be able to access and utilize certain Services not available to others via their Site Account.  Non-members may access and utilize certain Services only by establishing a Site Account.  Non-members may not have access to the same set of Services as members.

If you establish or utilize your Site Account in order to participate in certain services on the Site or receive information from us, you are responsible for maintaining the confidentiality of your Site Account and any login information and password that may be established.  By establishing a Site Account, you agree to accept responsibility for all activities that occur at the Site under and through your Site Account. The American Legion reserves the right, in its sole discretion, to refuse service or terminate your Site Account at any time and for any reason.

When establishing a Site Account, you shall provide The American Legion with accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Site Account. You may not select or use as a screen name a name (i) of another person with the intent to impersonate that person; (ii) subject to any rights of a person other than you without appropriate authorization; (iii) suggests a false association between you and The American Legion, or (iii) that is otherwise offensive, vulgar or obscene. The American Legion reserves the right to refuse registration of, or cancel any screen name in its discretion. You shall be responsible for maintaining the confidentiality of your password.

10. CONTENT OWNERSHIP AND USAGE RIGHTS

The American Legion shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content.  You should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by The American Legion, or a third party who licensed the right to use such content to The American Legion.  Unless otherwise expressly noted, nothing that you read or see on the Site or other Site Content, or any of the source code or HTML code that The American Legion uses to generate the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of The American Legion, except as provided in the Terms of Use without prior written consent or otherwise permitted by relevant law.

The American Legion is not the publisher or speaker of any information on the Site that is provided by third party content providers, and The American Legion is not liable for any claims related to such information. Any mention in the Site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by The American Legion.  The American Legion assumes no responsibility for those products or services. 

You hereby grant The American Legion a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all content that you post or otherwise submit to the Site.  You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the submitted content is accurate; that use of submitted content does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify The American Legion for all claims resulting from the submitted content. The American Legion takes no responsibility and assumes no liability for any User Content. 

11. LINKING AND FRAMING

The American Legion grants you a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Site so long as the link does not portray The American Legion or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of The American Legion’s logo or other proprietary graphic or trademark as part of the link without express written permission.  “Framing” or “mirroring” the Site or any of its content is prohibited without the prior written consent of The American Legion.

The Site may provide links to other sites or resources.  Because The American Legion has no control over such sites and resources, you acknowledge and agree that The American Legion is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that The American Legion shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

12. COPYRIGHT COMPLAINTS

The American Legion respects the intellectual property of others. It is The American Legion's policy to respond expeditiously to claims of copyright and other intellectual property infringement. The American Legion will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, The American Legion may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The American Legion will terminate access for Site Account holders who are repeat infringers.

Notifying The American Legion of Copyright Infringement: To provide The American Legion notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of abuse_policy@legion.org that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post or publish your notification, with personally identifiable information redacted.  Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.  If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

Providing The American Legion with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content.  If you feel that your material does not constitute infringement, you may provide The American Legion with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at abuse_policy@legion.org that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

13. TRADEMARKS AND TRADE NAMES

THE AMERICAN LEGION, SONS OF THE AMERICAN LEGION, AMERICAN LEGION AUXILIARY, AMERICAN LEGION RIDERS, THE AMERICAN LEGION LEGACY RUN, The American Legion logos, graphics, designs, page headers, button icons, scripts, and other service names are the trademarks and trade names of The American Legion.  The American Legion’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

14. SECURITY

Users are prohibited from violating or attempting to violate the security of the Site.  The American Legion will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

15. TERMINATION 

The American Legion may terminate or suspend any and all Services and your Site Account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your Site Account, your right to use the Services will immediately cease.  All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

The American Legion may remove or disable access any Site content and suspend or ban your Site Account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report violations of the Terms of Use, please email: abuse_policy@legion.org.

You are solely responsible for your interactions with other users of the Site. The American Legion reserves the right, but has no obligation, to monitor disputes between you and other users. 

16. MISCELLANEOUS

The Terms of Use constitutes the entire agreement between users of the Site and The American Legion, and regarding the subject matter hereof.  If you breach any term of the Terms of Use, The American Legion may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief.  The American Legion’s remedies are cumulative and not exclusive.  Failure of The American Legion, to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.  If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with The American Legion's prior written consent. The American Legion may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.  Users of this Site are responsible for compliance with all applicable regulations and laws.  Any dispute arising out of the Terms of Use or the Privacy Policy shall be governed by the laws of Indiana, notwithstanding any conflicts of law principles. Any action relating to the Terms of Use or the Privacy Policy must be filed and maintained in a court in the state of Indiana, USA, and users consent to exclusive jurisdiction and venue in such courts for such purpose.
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