Terms of Use
Note! You are concluding a Legally Binding Agreement.
By accessing, viewing, downloading or otherwise using The Defense Alliance or any webpage or feature available through The Defense Alliance, any information provided as part of The Defense Alliance’s services, or any related emails, newsletters or services (hereinafter collectively “The Defense Alliance” or the “Services”), or by clicking “Submit Member Info” during the registration process, you conclude a legally binding agreement with The Defense Alliance (“the Agreement”). If you are using The Defense Alliance on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to conclude the Agreement, do NOT click “Submit Member Info” and do NOT access, view, download or otherwise use any The Defense Alliance webpage, information or services.
1. Your Obligations — What You Must Do
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:
* DOs and DON’Ts
* Notice and Take-Down Procedure Terms for Complaints re. Copyright Infringement and Content
* Other Notices
License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something you must grant, and you actually grant by concluding the Agreement, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or any third parties. By submitting any information to us, you represent and warrant that such submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights. The Defense Alliance exercises no control over any content you or others submit when using The Defense Alliance. Note that we describe our current practices related to personally identifiable information collected through The Defense Alliance in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.
Service Eligibility: (a) are not a direct competitor of The Defense Alliance; (b) do not have more than one Defense Alliance account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to The Defense Alliance or (c) any activity in which you engage on or through The Defense Alliance.
Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
2. Your Rights — What You May Do
On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser to view information that we provide on The Defense Alliance webpages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit information to us at your own risk. We grant you no other rights, implied or otherwise.
The Defense Alliance may enable third-party developers to create websites and applications that retrieve data made available by The Defense Alliance and its users and/or that retrieve authorized data from third-party sites for use through the Service. Platform Developers may create Platform Applications only in accordance with the terms and conditions set forth in an agreement entered into between The Defense Alliance and the Platform Developer. The Defense Alliance may from time to time enter into separate agreements with certain third party Platform Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Platform Developer to only display your information if you install the Platform Application. The Developer Terms are subject to change without prior notice at any time, in The Defense Alliance sole discretion, so you should review these documents from time to time.
3. Our Rights and Obligations — What We Must And May Do
The purpose of The Defense Alliance is to provide a service to facilitate professional networking among users throughout the USA. It is intended that users only connect to other users who they currently know and seek to further develop a professional relationship with those users.
For as long as The Defense Alliance continues to offer services, The Defense Alliance shall provide (and seek to update, improve and expand, in similar and different new ways) The Defense Alliance’s platform and service with the purpose of providing all members with professional networking connectivity, through proprietary tools, rules and protocols which The Defense Alliance may update, improve, discontinue and change at any time, at The Defense Alliance's sole discretion.
Any other use of The Defense Alliance (such as seeking to connect to someone a user does not know or to use The Defense Alliance as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and a violation of this Agreement.
We allow you to access The Defense Alliance as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement.
The Defense Alliance reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
The Defense Alliance may include or automatically produce links to third party web sites (“Third Party Sites”). The Defense Alliance is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. The Defense Alliance may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave The Defense Alliance and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and 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 Defense Alliance or relating to any applications you use or install from the site.
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of The Defense Alliance, The Defense Alliance Affiliates, its users and the public.
You are solely responsible for your interactions with other members. The Defense Alliance reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if The Defense Alliance determines, in its sole discretion, that doing so is prudent.
4. Disclaimer
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON THE DEFENSE ALLIANCE, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR THE DEFENSE ALLIANCE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE DEFENSE ALLIANCE OR ANYTHING RELATED TO THE DEFENSE ALLIANCE, YOU MAY LEAVE THE DEFENSE ALLIANCE AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
THE DEFENSE ALLIANCE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE DEFENSE ALLIANCE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
5. General Terms
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices: We may notify you via email or any other communications means to contact information you provide to us.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.DefenseAlliance.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any The Defense Alliance Affiliate shall be deemed legally binding on any The Defense Alliance Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of The Defense Alliance.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Beneficiaries: The Defense Alliance Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, The Defense Alliance for any third party that assumes our rights and obligations under this Agreement.
6. Complaints
Regarding copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content.
7. The Defense Alliance User DOs & DON’Ts
As a condition to access The Defense Alliance you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
DO
* Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
* Provide accurate information to us;
* Review the Privacy Policy;
* Review and comply with notices sent by The Defense Alliance concerning The Defense Alliance;
DON’T
* Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit;
* Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide The Defense Alliance, or any part thereof;
* Include information in your profile or in Status Updates which reveals your identity such as an email address, phone number or address or is confidential in nature;
* Utilize information, content or any data you view on and/or obtain from The Defense Alliance to provide any service that is competitive, in The Defense Alliance’s sole discretion, with The Defense Alliance;
* Imply or state, directly or indirectly, that you are affiliated with or endorsed by The Defense Alliance unless you have entered in to a written agreement with The Defense Alliance;
* Remove any copyright, trademark or other proprietary rights notices contained in or on The Defense Alliance, including those of both The Defense Alliance or any of its licensors;
You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.
Contact information for The Defense Alliance:
345 St.Peter Street, Suite 2050, St. Paul, MN 55102 | TEL (612) 384-4270