Please read this agreement carefully.
It governs your use of the archive.thehistoryweb.com/vietnam website and the services and
goods provided through the website (collectively the "website").
It exempts Vets With A Mission and other persons from liability or limits
their liability and contains other important provisions that you should
read. Each time you use the website you acknowledge and signify that
you have read, understood, and agreed to be bound by this agreement.
If you do not agree with each provision of this agreement each time
you use the website, you may not use the website.
Each time you use the website, the text of this agreement as it then
reads will govern your use. Accordingly, when you use the website you
should check the date of this agreement and review any changes since
the last version.
This Agreement contains the following
provisions:
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and
Vets With A Mission ("Vets With A Mission"), and governs your
use of the archive.thehistoryweb.com/vietnam website and its content and the services and
goods provided through the website (collectively the "website").
Each time you use the website you signify your acceptance and agreement,
and the acceptance and agreement of any person you purport to represent
(and for purposes of this Agreement, "person" includes any
type of incorporated or unincorporated entity), without limitation or
qualification, to be bound by this Agreement, and you represent and
warrant that you have the legal authority to agree to and accept this
Agreement on behalf of yourself and any person you purport to represent.
If you do not agree with each provision of this Agreement, or you are
not authorized to agree to and accept this Agreement, or you do not
have the legal authority to agree to and accept this Agreement, you
may not use the website.
2. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend
this Agreement in any manner. Vets With A Mission may, in its sole discretion,
change, and supplement or amend this Agreement as it relates to your
future use of the website from time to time, for any reason, and without
any notice or liability to you or any other person, by posting a revised
Agreement on the website.
3. PERMITTED USERS AND ACCESS
The website may be used only by person’s
resident in Canada or the USA who has reached the age of majority or
legal age in their jurisdictions and who can form legally binding contracts
under applicable law. The website may not be used by persons in jurisdictions
where access to or use of the website or any part of it may be illegal
or prohibited. It is solely your responsibility to determine whether
your use of the website is lawful, and you must comply with all applicable
laws.
4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND ORDERS
Vets With A Mission endeavours to provide
current and accurate information on the website. Nevertheless, misprints
or other errors may occur. Accordingly, Vets With A Mission reserves
the right to change the prices, fees and charges regarding the goods
and services available through the website at any time and from time
to time without any notice or liability to you or any other person.
Also, Vets With A Mission cannot guarantee that goods or services advertised
on the website will be available when ordered or thereafter. Vets With A Mission also reserves the right at any time to reject, correct,
cancel or terminate any order. If you order goods or services for which
the price was incorrectly displayed, Vets With A Mission will provide
you with an opportunity to cancel your order. If you order goods or
services that are not available, Vets With A Mission will notify you
by email. Vets With A Mission reserves the right to limit quantities
licensed and/or sold.
The advertisements on the website are invitations for purchase orders,
and are not offers to sell. You’re properly completed and delivered
order form constitutes your offer to purchase the goods or services
referenced in your order. Your order shall be deemed to be accepted
only if and when Vets With A Mission sends an order of acceptance email
to your email address. If you wish to cancel an order, you may request
a cancellation by sending an email to vetswithamission at1024 backroads dot net.
However, Vets With A Mission may not receive and process your cancellation
request before it accepts and processes your order, in which case your
cancellation request may not be effective.
5. NO ADVICE OR SOLICITATION
THE WEBSITE IS FOR CONVENIENCE AND INFORMATIONAL
PURPOSES ONLY. THE WEBSITE IS NOT INTENDED TO BE A COMPREHENSIVE OR
DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS;
OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL
ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON
ANY INFORMATION PROVIDED ON OR THOUGH THE WEBSITE.
6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND
INDEMNITY
Vets With A Mission strives to make your
use of the website a useful and enjoyable experience, and a safe and
easy way to purchase goods over the Internet. Nevertheless, Vets With A Mission and its service providers (the "Providers") do
not accept any liability for your use of the website. For that reason,
the following provisions apply to your use of the website:
DISCLAIMER
YOUR USE OF THE WEBSITE IS AT YOUR OWN
RISK.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY Vets With A Mission AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY
LAW.
YOU (AND NOT Vets With A Mission OR THE PROVIDERS) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER
OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR
USE OF THE WEBSITE.
THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND
Vets With A Mission’s CONTROL. THE OPERATION OF THE WEBSITE MAY
NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS
CANNOT BE ELIMINATED.
Vets With A Mission IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF
USERS OF THE WEBSITE.
THROUGH YOUR USE OF THE WEBSITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE
IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS
ARE AT YOUR OWN RISK. Vets With A Mission IS NOT A PARTY TO ANY SUCH
TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH
TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Vets With A Mission
AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT
AND SOFTWARE;
THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION
OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ACCURATE,
COMPLETE, SEQUENTIAL, OR TIMELY;
CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEBSITE;
THE USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY
INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER
DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL
PROPERTY RIGHTS) OF ANY PERSON;
AND Vets With A Mission AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY
REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
Vets With A Mission AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION,
LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS,
ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR
PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY
OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE
OF THE WEBSITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE
OR OTHER FAULT OR WRONGDOING BY Vets With A Mission OR ANY PROVIDER
OR ANY PERSON FOR WHOM Vets With A Mission OR ITS PROVIDERS ARE RESPONSIBLE,
AND NOTWITHSTANDING THAT Vets With A Mission OR ITS PROVIDERS MAY HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED
BY YOU OR ANY OTHER PERSON.
LIABILITY LIMITATION
IN NO EVENT WILL Vets With A Mission OR ANY OF ITS PROVIDERS' TOTAL
LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR
UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE
OR OTHER FAULT OR WRONGDOING BY Vets With A Mission OR ANY PERSON FOR
WHOM Vets With A Mission IS RESPONSIBLE, EXCEED $25 (CDN) OR THE AMOUNT
YOU PAID TO Vets With A Mission FOR THE USE OF THE WEBSITE, WHICHEVER
IS LESS.
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF Vets With A Mission AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS,
LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED
PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS,
CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES,
COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER
ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH
ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF Vets With A Mission AND Vets With A Mission AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE
AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE
PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED,
ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED
PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND
COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES,
INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR
DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE
website OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE
AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE
OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY Vets With A Mission OR ITS REPRESENTATIVES,
WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY
OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER,
LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS,
AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities
is prohibited by legislation in some jurisdictions. Such legislative
limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release,
and indemnity provisions in this Agreement survive indefinitely after
the termination of this Agreement.
7. LOGIN NAMES AND PASSWORDS
Website accounts may be accessed only by use of a unique login name
and password. The use of a password does not restrict access by Vets With A Mission and its Providers to the password-protected information.
Login names and passwords may not be shared. For security reasons, you
must keep your login name and password confidential and not disclose
them to any person or permit any other person to use them, except an
authorized Vets With A Mission representative. Also, passwords must
be non-obvious, hard-to-guess, confidential and changed on a regular
basis, and you must log-out at the end of each session.
You are solely responsible and liable for any use and misuse of your
login name and password and for all activities that occur under your
login name and password. You must ensure that all uses of your login
name and password comply with this Agreement.
You must immediately notify Vets With A Mission of any unauthorized
use of your login name or password, or if you know or suspect that your
login name or password has been lost or stolen, has become known to
any other person, or has been otherwise compromised.
All login names and passwords remain the property of Vets With A Mission, and may be cancelled or suspended at any time by Vets With A Mission without any notice or liability to you or any other person. Vets With A Mission is not under any obligation to verify the actual identity
or authority of the user of any login name or password.
You must respond promptly to all email and other correspondence from
Vets With A Mission, including without limitation email and correspondence
concerning complaints or concerns regarding your use of your login name
or password or your use of the website.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND
CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
8. TERMINATION OF THIS AGREEMENT AND THE WEBSITE
If you breach any provision of this Agreement,
you may no longer use the website.
Vets With A Mission may, in its sole discretion, change, suspend or
terminate, temporarily or permanently, the website or any part of it
or any of its features at any time, for any reason, without any notice
or liability to you or any other person.
Vets With A Mission may at any time and for any reason, with or without
cause, and in its sole discretion, immediately suspend or terminate
(in whole or in part) your permission to use the website and your user
password, all without any notice or liability to you or any other person.
If this Agreement or your permission to use the website is terminated
by you or Vets With A Mission for any reason, this Agreement will nevertheless
continue to apply and be binding upon you in respect of your prior use
of the website and your purchases of goods and services through the
website and anything connected with, relating to or arising from those
matters.
9. INFORMATION SUBMISSIONS
All information you provide through the
website, including registration information (name and email address),
payment information (credit card numbers and expiration dates), and
transaction-related information, must be true, accurate, current and
complete. You must also provide Vets With A Mission with updated registration
information and payment information within 30 days of any changes.
Vets With A Mission will rely on the information you provide. You will
be solely responsible and liable for any and all loss, damage, and additional
costs that you, Vets With A Mission or any other person may incur as
a result of your submission of any false, incorrect or incomplete information
or your failure to update your registration information and payment
information within 30 days of any change. Vets With A Mission may require
a copy of a government-issued form of identification before making any
changes to your registration information.
10. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The website and all information (in text,
graphical, video and audio forms), images, icons, software, design,
applications and other elements available on or through the website
are the property of Vets With A Mission , its Providers and others,
and are protected by Canadian and international copyright, trade-mark,
and other laws. Your use of the website does not transfer to you any
ownership or other rights in the website or its content. You may only
use the website in the manner described specifically in this Agreement.
The website may not be used for any purpose not expressly permitted
by this Agreement. In particular, except as expressly stated otherwise
in this Agreement, the website may not be copied, imitated, reproduced,
republished, uploaded, posted, transmitted, modified, indexed, catalogued,
or distributed in any way, in whole or in part, without the express
prior written consent of Vets With A Mission . You may not use any of
the software that is used in the operation of the website except while
you are use the website. You may not reproduce, copy, duplicate, sell,
or resell any part of the website (including the software used in the
operation of the website) or access to the website.
The website is made available to you for your lawful use only. You may
access and browse the website using commercially available, SSL-capable
Web browser software. You may print or download the pages of the website
for your personal use provided that you do not modify any of the website
pages or other content and you do not remove or alter any visible or
non-visible identification, marks, notices, or disclaimers.
11. PERSONAL INFORMATION PRIVACY
Vets With A Mission collects, uses, and
discloses your personal information in accordance with the Privacy Policy,
which is available here. Vets With A Mission may change the Privacy Policy from time to time in its sole discretion.
By accepting this Agreement, and each time you use the website, you
consent to Vets With A Mission’s collection, use and disclosure
of your personal information in accordance with the Privacy Policy as
it then exists without any further notice or any liability to you or
any other person.
12. TRADE-MARK INFORMATION
Vets With A Mission, the archive.thehistoryweb.com/vietnam logo,
the VWAM logo and graphics, are registered and unregistered trade-marks
and trade names owned by Vets With A Mission and licensed to Vets With
A Mission. Other product and company names and logos appearing on the
website may be registered or unregistered trade-names, trade-marks and
service-marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos (collectively
"Marks") displayed on the website, except as expressly provided
in this Agreement, is strictly prohibited. Nothing appearing on the
website or elsewhere shall be construed as granting, by implication,
estoppel, or otherwise, any licence or right to use any Marks displayed
on the website.
13. OTHER SITES
The website may include advertisements
for, and links to, other websites or resources and businesses operated
by other persons ("Other Sites"). Other Sites are independent
from Vets With A Mission, and Vets With A Mission has no responsibility
or liability for or control over Other Sites, their business, goods,
services, or content. Links to Other Sites are provided solely for your
convenience. Vets With A Mission does not sponsor or endorse any Other
Sites or their content or the goods or services available through those
other websites. Your use of Other Sites and your dealings with the owners
or operators of Other Sites is at your own risk, and you shall not make
any claim against Vets With A Mission arising out of your use of any
Other Sites or your dealings with the owners or operators of any Other
Sites. As between you and Vets With A Mission , the provisions of this
Agreement under the section headed Disclaimer, Liability Exclusion,
Liability Limitation, Release and Indemnity apply, with all necessary
modifications, to your access to and use of any Other Sites and their
business, goods, services, and content.
14. LINKING AND FRAMING THE WEBSITE
Links to the website without the express
written permission of Vets With A Mission is strictly prohibited. To
request permission to link to the website, please contact vetswithamission at1024 backroads dot net.
Vets With A Mission reserves the right to cancel and revoke any permission
it may give to link to the website at any time, for any reason, without
any notice, and without any liability to you or any other person. The
framing of the website or any of its content in any form and by any
method is strictly prohibited.
15. POSTINGS AND UNSOLICITED SUBMISSIONS
You may not use technologies such as Gooey™
or Third Voice™ in connection with your use of the website or
to post comments, communications, or any other data of any kind to or
on the website with the intention that such postings may be viewed by
other users of the website.
Vets With A Mission does not accept or consider unsolicited ideas, including
ideas for new advertising campaigns, new promotions, new or improved
goods, services or technologies, product enhancements, processes, materials,
marketing plans, or new product names. The purpose of this policy is
to avoid potential misunderstandings or disputes. Accordingly, please
do not send any unsolicited ideas, suggestions or other materials ("Submissions")
to Vets With A Mission or the website.
If you send Submissions to Vets With A Mission or the website you automatically
grant (or warrant that the owner of the Submissions grants) to Vets With A Mission and its assigns a perpetual, royalty-free, irrevocable,
unrestricted, non-exclusive, world-wide, assignable, sub-licensable,
right and license to use, copy, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, display and otherwise
exploit the Submissions or any ideas, concepts, know-how or techniques
associated with the Submissions for any purpose whatsoever, commercial
or otherwise, using any form, media or technology now known or later
developed, without providing compensation to you or any other person,
without any liability whatsoever, and free from any obligation of confidence
or other duties on the part of Vets With A Mission or its assigns, and
you agree, represent and warrant that all moral rights in the Submissions
are waived in favour of Vets With A Mission and its assigns.
16. TRANSACTION AGREEMENTS
All transactions through the website,
including the purchase and sale of goods and services and the licensing
of software, are governed by this Agreement and any applicable Transaction
Agreement. By participating in a transaction through the website, you
signify your agreement and acceptance of the applicable Transaction
Agreement.
17. SOFTWARE AGREEMENTS
Vets With A Mission may cause software
to be available for you to download from the website or through other
websites, including websites operated by Providers. The software is
protected by copyright, and your downloading and use of the software
are governed by the applicable Transaction Agreement and the Software
Licence Agreement specific to the software. By downloading software,
you signify your agreement and acceptance of the applicable Transaction
Agreement and Software Licence Agreement.
18. CONTESTS
From time to time Vets With A Mission
may make contests available to users of the website and others. All
contests are governed by this Agreement and the applicable Contest Rules.
By participating in a contest through the website, you signify your
agreement and acceptance of this Agreement and the applicable Contest
Rules.
19. GOVERNING LAW AND DISPUTE RESOLUTION
The website is controlled by Vets With A Mission from Newberry, SC. This Agreement, your use of the website, and all related matters are governed solely by the laws of South Carolina, USA and applicable federal laws of the USA, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between Vets With A Mission and you or any other person arising from, connected with or relating to the website, this Agreement or any related matters must be resolved before the Courts of South Carolina sitting in Newberry, SC, USA, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in Newberry, SC, USA within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
20. OTHER MATTERS
If any provision of this Agreement is
found to be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed to be severed from the rest of this Agreement
and shall not affect the validity and enforceability of any remaining
provisions.
The provisions of this Agreement will enure to the benefit of and be
binding upon each of Vets With A Mission and its Providers and each
of their respective successors and assigns and related persons, including
without limitation Vets With A Mission, and you and your heirs, executors,
administrators, successors, permitted assigns, and personal representatives.
You may not assign this Agreement or your rights and obligations under
this Agreement without the express prior written consent of Vets With A Mission, which may be withheld in Vets With A Mission’s sole
discretion. Vets With A Mission may assign this Agreement and its rights
and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default
under this Agreement will constitute a continuing waiver of such breach
or default or be deemed to be a waiver of any preceding or subsequent
breach or default.
You and Vets With A Mission are independent contractors and no agency,
partnership, joint venture, employment or franchise relationship is
intended or created by this Agreement or your use of the website.
The parties have expressly requested and required that this Agreement
and all other related documents be drawn up in the English language.
Les parties conviennent et exigent expressement que ce Contrat et tous
les documetns qui s'y rapportent soient rediges en anglais.
Any rights not expressly granted
by this Agreement are reserved to Vets With A Mission.
This Agreement is subject to change
without notice.
