These Terms and Conditions (“Terms”) are an agreement between you and the Green Beret Foundation. The Green Beret Foundation and its services, including services provided through www.greenberetfoundation.org, are free resources for the Army’s Special Forces and their families, to provide the necessary support they need. Such services and the website www.greenberetfoundation.org, are provided to you subject to the following Terms, which you acknowledge, agree to, and consent to by using our services and/or www.greenberetfoundation.org.
The Green Beret Foundation may change these Terms from time to time. If we do, we will post a notice on our homepage, and we may, if we have your email address, email you material changes. Please periodically review these Terms. When you continue to use our services and/or www.greenberetfoundation.org after we have made a change to our Terms and made it available to you, you are agreeing and consenting to these changes.
1.0 No Medical Advice
1.1 All services provided and content found on www.greenberetfoundation.org were created for informational purposes only. Such services and/or content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of any services provided by us and/or something you have read on this Website.
1.2 If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 or the suicide hotline immediately. Neither the Green Beret Foundation nor www.greenberetfoundation.org recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned to you or are found on www.greenberetfoundation.org Reliance on any information provided by us, www.greenberetfoundation.org, our employees, contracted writers, or professionals is solely at your own risk.
1.3 The Site and its Content are provided on an “as is” basis.
1.4 Educational content are taken at your own risk.
1.5 Any medical information given by us or found on our website is provided without any representations or warranties, express or implied.
1.6 We do not warrant or represent that the medical information:
(a) will be constantly available, or available at all; or
(b) is true, accurate, complete, current or non-misleading.
2.0 Interactive features
2.1 Our website includes interactive features that allow users to communicate with us.
2.2 You acknowledge that, because of the limited nature of communication through our website’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
3.3 Any assistance you may receive using any of our website’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
4.0 Posting information
4.1 You can post information in public areas of www.greenberetfoundation.org to include its associated social media accounts. You agree that the information you post won’t be offensive. www.greenberetfoundation.org can remove content at any time.
4.2 In the public areas of www.greenberetfoundation.org, you and other users may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information. You are allowed to post this information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or have the potential to cause injury to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or provide other information that would mislead anyone as to who is responsible for your content. www.greenberetfoundation.org may remove or edit any content that it finds offensive in any way, although it is not obligated to do so.
4.3 You understand that if you post information in public areas, we cannot control how others may use that information.
5.0 Intellectual Property
5.1 We or others own much of the information on www.greenberetfoundation.org The information is posted for your personal use, not for your commercial purposes.
5.2 www.greenberetfoundation.org and our associated logos are our trademarks and/or service marks. To the extent there are trademarks, service marks, and logos from other organizations on www.greenberetfoundation.org, they are the trademarks, service marks, or logos of those organizations. You are granted no general right or commercial license with respect to any of our trademarks, service marks, or logos, or of the trademarks, service marks, or logos of those other organizations.
5.3 We own, authored, created, purchased, or licensed or we shall own, author, create, purchase, or license substantially all of the materials available through us or through www.greenberetfoundation.org. This material may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in these materials and www.greenberetfoundation.org.
6.1 You will pay us for any losses you cause.
6.2 You will indemnify and hold us harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of any violation by you of these Terms.
7.0 Disclaimer of Liability
7.1 We hope you’ll find our organization and www.greenberetfoundation.org a useful resource. We only provide information we think might be helpful. However, we disclaim any liability for the use or results of use of information available through us or through www.greenberetfoundation.org.
7.2 However, YOU USE OUR SERVICES and/or www.greenberetfoundation.org AT YOUR SOLE RISK. WE PROVIDE SUCH SERVICES AND www.greenberetfoundation.org “AS IS” AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO SERVICES PROVIDED THROUGH US OR www.greenberetfoundation.org, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, OF ANY THIRD PARTY, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SERVICES or www.greenberetfoundation.org.
7.3 WE MAKE NO WARRANTY THAT (1) OUR SERVICES and/or www.greenberetfoundation.org WILL MEET YOUR REQUIREMENTS; (2) OUR SERVICES and/or www.greenberetfoundation.org WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) OUR SERVICES and/or www.greenberetfoundation.org RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIAL OBTAINED BY YOU THROUGH US and/or www.greenberetfoundation.org WILL MEET YOUR EXPECTATIONS; OR (5) www.greenberetfoundation.org, ITS SERVERS, OR COMMUNICATIONS SENT FROM www.greenberetfoundation.org WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.4 NO INFORMATION OR SERVICES OBTAINED BY YOU FROM US OR THROUGH www.greenberetfoundation.org SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
7.5 IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INJURY TO REPUTATION, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF OUR SERVICES OR THESE TERMS, EVEN WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN THE GREATER OF $50 (U.S.) OR TEN TIMES THE AMOUNT YOU PAID FOR SERVICES, IF ANY. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
7.6 SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT OR ARBITRATOR DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8.0 Claims Against Others
8.1 If you have claims against third parties related to your use of our services or www.greenberetfoundation.org, you agree you will not include us in the dispute.
9.1 You understand these Terms are the agreement between the Green Beret Foundation and you.
9.2 We can assign this agreement to an entity that takes over our business or as necessary to run our business.
9.3 If we don’t enforce part of these Terms, we can assert our right to do so in the future.
9.4 Certain parts of these Terms will survive even if this agreement is terminated.
9.5 These Terms constitute the entire agreement between you and the Green Beret foundation, and govern your use of our services and/or www.greenberetfoundation.org.
9.6 You also may be subject to additional terms and conditions that may apply when you use our services, www.greenberetfoundation.org or third-party websites.
9.7 These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
9.8 No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
9.9 Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
9.10 No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
9.11 Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.
9.12 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
9.13 The headings in these Terms are for convenience only and have no legal or contractual effect.
9.14 Green Beret Foundation may terminate these Terms for any or no reason at any time by notifying you through a notice on www.greenberetfoundation.org, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.