Terms & Conditions

TERMS OF SERVICE

Last Updated: May 1st, 2023

Welcome to the https://app.veteranstrong.org/ website (the “Site”)! The Site is owned by Veteran Strong, LLC and powered by Experian (“we,” “us,” or “our”). For purposes of these Terms of Service (these “Terms”), “Services” means, collectively, (i) our service offerings, memberships and products located on or through the Site and its related domains, (ii) any email notifications or other mediums, or portions of such mediums, through which you have accessed these Terms, and (iii) any information, data, and content viewable on, contained in or downloadable from any of the foregoing. Capitalized but undefined terms in these Terms will have the meanings ascribed to them in our Privacy Policy.

We may change these Terms from time to time. If we make material changes to these Terms, we may notify you through our Services, or by other means. If you do not agree to the changes to these Terms, you must stop accessing or using our Services and terminate your membership (if applicable). Your continued use of or access to our Services after we publish or send a notice about our changes to these Terms constitutes your express acceptance of all changes, so please check these Terms periodically for updates.

In addition to these Terms, certain Services are also governed by the other applicable terms and conditions, including our Privacy Policy, as well as any other policies or terms and conditions that are referenced or made available to you in connection with your access or use of such Services. All such other applicable terms and conditions are expressly incorporated by reference into these Terms. To the extent that such incorporated terms or conditions conflict with these Terms, such incorporated terms will apply and control.

Please read these Terms carefully. You accept these Terms by clicking to accept or agree to these terms (when this option is made available to you), through use of our Services, or by continuing to use our Services following a change to these Terms. If you do not agree with these Terms, or any portion of these Terms (including any portion of our Privacy Policy), you must not access or use our Services.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.

WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO OUR SERVICES (IN WHOLE OR IN PART) IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, IF WE BELIEVE YOUR USE OF ALL OR ANY PORTION OF OUR SERVICES WILL REFLECT POORLY ON US, OUR SERVICES OR OUR GOODWILL, OR IF WE OTHERWISE DEEM YOUR USE OF OUR SERVICES TO BE ILLEGAL OR OTHERWISE INAPPROPRIATE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION.

FEES AND PAYMENT.

Memberships and Other Purchases. If you sign up for a paid membership or subscription, or otherwise pay for our Services that are otherwise subject to a fee, you agree to pay us all charges associated with such membership, subscription, or other applicable Services, as applicable, and as described on the Services at the time you submit your payment information. You may be asked to supply certain information relevant to your membership, subscription, or purchase, including, without limitation, your name, e-mail address, your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any membership, subscription, or purchase; and (ii) the information you supply is true, correct, and complete. Our Services may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. You authorize us, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen membership, subscription, service, or product, as applicable. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to correct any errors or mistakes that we make even if we have already requested or received payment.
Additional Fees May Apply. You acknowledge and agree that there are instances where certain aspects of our Services (such as, without limitation, events or certain services or products) may require payment of additional fees and are NOT included with your membership or subscription.
Automatic Membership Renewal and Cancellation.

ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELED BY YOU. FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE FREQUENCY DISCLOSED TO YOU WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED.
IF YOU CHOOSE AN ANNUAL SUBSCRIPTION TERM, THEN YOU ACKNOWLEDGE AND AGREE THAT WE WILL BILL YOU (AND YOU WILL PAY) THE FULL AMOUNT OF THE MONTHLY FEE FOR THE ENTIRE SUBSCRIPTION TERM. WHILE WE MAY OFFER ANNUAL SUBSCRIPTIONS AT A DISCOUNT, YOU ACKNOWLEDGE AND AGREE THAT ANY PREPAID FEES ARE NON-REFUNDABLE AND NOTWITHSTANDING TERMINATION OF YOUR SUBSCRIPTION FOR ANY REASON. FOR OTHER SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH SERVICE OR PRODUCT AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT.
You may cancel or update your membership subscription at any time by following the instructions on your account/membership settings page. If you cancel a membership subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your membership subscription will not be renewed after your then-current term expires.

Price Changes. Notwithstanding anything to the contrary in these Terms, we may from time to time make changes to our membership subscriptions, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription term following the date of the price change and, by continuing to use our Services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable membership subscription prior to the price change going into effect.
No Refunds. Except as expressly set forth in these Terms or in the applicable Service, all payments for memberships, subscriptions, services, or products made on or through our Services are non-refundable, and there are no refunds or credits for unused or partially used memberships, subscriptions, services or products, even if you cancel your membership or a subscription, service, or product in the middle of a term.

FREE CHARTER SUBSCRIPTIONS. Notwithstanding anything to the contrary in these Terms, you acknowledge that we may provide free memberships (“Free Charter Subscriptions”) for introductory, evaluation or other related purposes and, therefore, may contain bugs or errors, and will be subject to additional terms (including those set forth below).

We may discontinue or change Free Charter Subscriptions (in whole or in part), including the fees, benefits offered, products offered, or qualification requirements at any time in our sole discretion with or without notice and may never make them generally available.
We may provide customer support in respect of Free Charter Subscriptions in our commercially reasonable discretion. Without limiting the generality of the foregoing, we make no promises or guarantees to provide customer support or if provided, any particular level of customer support, with respect to any Free Charter Subscriptions.
Our entire liability to you, and your sole remedy in connection with any Free Charter Subscription (including, without limitation, any defects or non-performance of any Free Charter Subscription) is for you to terminate your use of the Free Charter Subscription. WITHOUT LIMITING THE APPLICATION OF ANY OTHER LIMITATIONS OF LIABILITY APPLICABLE TO YOUR USE OF THE SERVICES PROVIDED BY US UNDER THESE TERMS, IN NO EVENT WILL OUR, AND OUR LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH ANY FREE CHARTER SUBSCRIPTION, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED $25.00. THE FOREGOING LIMITATION APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

USE OF OUR SERVICES.

General. You acknowledge that these Terms are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use or interact with our Services. You represent and warrant that you have the capacity to be bound by these Terms. As an individual interacting with the Services in your individual capacity or on behalf of an entity, you represent and warrant that you have all right, power, and authority to enter into these Terms on your own or such entity’s behalf and bind yourself or such entity, as applicable, to these Terms. If you are entering these Terms on behalf of an entity, all references in these Terms to “you” and “your” will mean such entity.

We reserve the right to reject any membership or account registration on or through our Services at any time, for any reason, in our sole and absolute discretion, including if your registration does not meet our requirements for registration set forth here.

Age Restriction. Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, you may not use our Services.
Restrictions and Prohibited Uses. You will not, and will not permit others to, directly or indirectly: (i) reverse engineer, decompile, disassemble, decode, adapt, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to our Services or any related software, documentation or data (collectively, “Technology”); (ii) modify, translate, or create derivative works of, from or otherwise based on our Services or any Technology, in whole or in part; (iii) access or use our Services for timesharing or reselling purposes or otherwise for the benefit of a third party (other than expressly authorized by us); (iv) upload to or otherwise use our Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or material in violation of third-party rights, including privacy rights; (v) upload to or otherwise use our Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example (but not by way of limitation) viruses, worms, time bombs and Trojan horses; (vi) interfere with or disrupt the integrity or performance of our Services or any Technology (in whole or in part); (vii) attempt to gain unauthorized access to our Services, the Technology or any of their related systems or networks, or access or use our Services other than through the use of your own then valid Access Credentials (as defined below); (viii) permit direct or indirect access to or use of our Services in a way that circumvents a contractual usage limit; (ix) frame or mirror the whole or any part of our Services (including any Technology); (x) access our Services and/or the Technology (in whole or in part) in order to build a competitive product or service; (xi) remove any proprietary notices or labels of or from our Services or the Technology; (xii) access or use our Services in any way that violates these Terms, any third-party rights, or any Laws (as defined below), including, without limitation, anti-spam, export control, privacy, or anti-terrorism laws and regulations; (xiii) use our Services (in whole or in part), or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise harassing, abusive, objectionable or offensive; or (xiv) provide false or inaccurate information when creating or registering as a member of our Services, using our Services or communicating with other users.
Access Credentials. You may be issued a username, password, link, or other security code, method, or technology, alone or in combination, to verify an individual's identity and authorization to access and use our Services (“Access Credentials”). We encourage you to use strong Access Credentials (i.e., in the case of a password, one that is long, uses a mix of letters (upper and lower case), numbers and symbols, and has no ties to your personal information, and no dictionary words) even if our Services permit simple Access Credentials. You have and will retain sole responsibility for the security and use of all Access Credentials, including for any losses that you or any third party may suffer as a result of the authorized or unauthorized use of any Access Credentials by any third party. We reserve the right to disable any Access Credentials at any time in our discretion for any or no reason, including (without limitation) if, in our opinion, you have violated any provision of these Terms.
Your Materials. You will ensure (and represent, warrant and covenant) that any information, content or other materials provided by you to us on or otherwise as a result of your use of our Services (collectively, “Your Materials”), as well as your activities in connection with, use of or access to our Services, are accurate, complete and do not and will not violate any applicable laws, rules, regulations or orders having the force of law (collectively, “Laws”) or infringe on a third party’s intellectual property or other rights. Without limiting the generality of the foregoing, if Your Materials include any personal information of individuals, you will ensure that your collection and submission to our Services of the same, and your and our use and storage of the same as contemplated by these Terms does not violate any third party rights, and otherwise complies with Laws, including, without limitation, any Laws relating to the consent of, or disclosure to, consumers with respect to the collection, use or disclosure of such information as contemplated by these Terms. If we receive information indicating, or we otherwise reasonably believe, that all or any portion of any of Your Materials may violate Laws, any third-party rights or otherwise could reflect poorly on us or negatively impair our goodwill (in each case, in our sole and absolute discretion), we may notify you and, if you fail to remove or modify the relevant portion of Your Materials from our Services within two business days, then we may delete the relevant portion of Your Materials from such Services. Under no circumstances will we be liable in any way for any: (i) of Your Materials transmitted or viewed while using our Services; (ii) errors or omissions in Your Materials; or (iii) loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any of Your Materials.

By providing us with Your Materials, you thereby grant us a worldwide, royalty-free, irrevocable, transferable right and license to use Your Materials, in whole or in part, for any purpose in the course of providing our Services and as otherwise set forth in these Terms without any compensation or notice to you whatsoever.

In the event you provide us with any suggestion, enhancement request, recommendation, correction or other feedback relating to our Services in whole or in part (“Feedback”) you grant us a perpetual, irrevocable, transferable, royalty-free and worldwide right and license to use, reproduce, create derivative works from, and/or otherwise exploit in any manner or form for any purpose, commercial, public or otherwise, without any compensation or notice to you whatsoever. We will own any content, or any improvements, enhancements, or other modifications to the Services (in whole or in part) created, conceived, or reduced to practice by us arising out of or relating to Feedback.

Your Materials May Expose You to Liability. You acknowledge that Your Materials may expose you to liability. For example, but not by way of limitation, you may be exposed to liability if Your Materials contain material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any Laws.
Your Systems. You are responsible for: (i) obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use our Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Your Systems”); (ii) maintaining the security of all of Your Systems; and (iii) all uses of your account(s) or Your Systems. You acknowledge and agree that failure to obtain and maintain Your Systems and otherwise meet any applicable technical requirements of or relating to our Services may cause our Services to (in whole or in part) be unavailable, or function ineffectively or inappropriately. We will in no event be responsible for any downtime, losses, failures or liabilities that arise as a result of your failure to comply with the requirements set forth in this section. You acknowledge that use of our Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
Territorial Restrictions. We control and operate our Services from the United States of America (“U.S.”) and we make no representations or warranties that the information, products, or services provided on or through our Services, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the Law or regulation of that jurisdiction or if it would subject us to the Laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any related content, information or materials to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion. As of the effective date of these Terms, we do not offer our Services to residents outside of the U.S. or to residents of the State of California. We will update these Terms if and as we modify these restrictions going forward.
No Data Backup. Notwithstanding any data back up and retention procedures that we may adopt from time to time, we are not responsible for backing up Your Materials, including any membership information or other type of data attributed to your use of our Services. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL OF YOUR MATERIALS, INCLUDING YOUR MEMBERSHIP INFORMATION AND OTHER DATA ATTRIBUTED TO YOUR USE OF OUR SERVICES AND EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO ANY LOSS OF SUCH DATA.
Informational Content. ALL CONTENT, INFORMATION, AND MATERIALS AVAILABLE ON, THROUGH OR AS A RESULT OF OUR SERVICES IS PROVIDED FOR YOUR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE OR CONSTRUED AS PROFESSIONAL OR EXPERT ADVICE. CONTENT, INFORMATION, AND MATERIALS AVAILABLE ON, THROUGH OR AS A RESULT OF OUR SERVICES MAY BE INCOMPLETE AND/OR, DUE TO CHANGING CIRCUMSTANCES OR OTHER CAUSES, MAY CHANGE OR ULTIMATELY PROVE TO BE INACCURATE OR INCOMPLETE. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING ANY CONTENT, INFORMATION, OR MATERIALS IN OUR SERVICES, AND WE ASSUME NO LIABILITY THEREFORE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL CONTENT, INFORMATION, AND MATERIALS AVAILABLE ON, THROUGH OR AS A RESULT OF OUR SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE OF OR RELYING ON ANY OF THE SAME. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, UTILITY, OR ACCURACY OF ANY SUCH CONTENT, INFORMATION, OR MATERIALS AND ALL SUCH CONTENT, INFORMATION, AND MATERIALS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Certain aspects of our Services may be designed to assist you with your finances or other related matters. However, our Services and all information, materials, and other content available thereon are presented in a summary fashion and are intended to be used for informational purposes only. We do not have any control over your use of our Services and all information, materials, and other content available thereon. You should not use any information, materials, or other content available on or through our Services without validating the results through independent research, obtaining up-to-date information, and considering your particular financial situation. We do not recommend, guarantee, or represent that our Services or any such content will predict the future performance of assets, investments, or insurance products of any kind. Moreover, we do not warrant the performance or results that may be obtained by the use of any of the foregoing. WE ARE NOT ENGAGED IN RENDERING TAX, LEGAL, INVESTMENT, FINANCIAL OR RISK MANAGEMENT ADVICE, AND THE RESULTS OF USE OF OUR SERVICES AND ANY SUCH CONTENT MUST NOT BE REGARDED OR REPRESENTED AS CONSTITUTING SUCH ADVICE.

Before making any final decisions or implementing any financial strategy, we recommend that you obtain additional information and advice from your accountant and other financial advisors who are fully aware of your individual circumstances. We strive to keep our information accurate and up to date. This information may be different than what you see when you visit a financial institution, service provider or specific product’s site. All financial products, shopping products and services are presented without warranty. When evaluating offers, please review the financial institution’s terms and conditions.

TEXT MESSAGING (“SMS”) AND AUTO-DIALER TERMS

We offer our customers and members mobile alerts about our Services and updates and other marketing messages about new services and other offers by SMS message (the “SMS Service”). By participating in the SMS Service, you are agreeing to these Terms (including this Section 4) and to our Privacy Policy.

Signing Up and Opting-In to the SMS Service

Enrollment in the SMS Service requires you to provide your mobile phone number. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). Before the SMS Service starts, you may need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this SMS Service and your agreement to these Terms. We reserve the right to stop offering the SMS Service at any time with or without notice.

By signing up and opting into the SMS Service, you:

Authorize us to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
Acknowledge that you do not have to agree to receive messages as a condition of purchase.
Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call (844) 838-0050. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Acknowledge and agree that we may share Your Information (including your phone number) with third parties, including our third-party partners who/which may offer you certain discounts or other promotions as to their products or services.

Messages You May Receive

Once you affirm your choice to opt into the SMS Service, your message frequency may vary. You may receive an alert when:

you are welcomed into the SMS Service
an order or purchase has been placed
there are general marketing or promotions

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service.

The SMS Service may not be available on all wireless carriers. We may add or remove any wireless carrier from the SMS Service at any time without notice. We, and mobile carriers, are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the SMS Service

To stop receiving text messages from us reply STOP to any of the text messages you have received from us. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that we and our service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. These Terms will still apply if you withdraw the consent mentioned above or opt out of the SMS Service.

Help and Questions

You can text HELP for help at any time. This will provide you a link to these Terms along with a phone number to call for assistance. If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. You can also contact us at (844) 838-0050.

Mobile Phone Number Change

In the event that you change or deactivate your mobile phone number, you agree to notify us by emailing info@veteranstrong.org or calling (844) 838-0050.

Data and Message Frequency

Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information you provide to us as part of this service. We may use this information to contact you and provide services you request from us. We may also use this information as described in the subscription list you’ve enrolled in. We may use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy practices, please read our Privacy Policy.

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text or data plan, it is best to contact your wireless provider/carrier. For questions about the Services we provide, contact us at (844) 838-0050.

We will not be liable for any delays in the receipt of any text messages. Deliveryis subject to effective transmission from your network operator.

TERMINATION. We reserve the right, in our sole discretion, to immediately terminate your access to all or part of our Services, to remove your profile or any content posted by or about you from our Services, or to terminate your membership, with or without notice for any reason or no reason in our sole discretion, including, without limitation, if we determine that you are not eligible to use our Services, have violated these Terms, are not suitable for participation as a member of the Services, or have mis-used or mis-appropriated our Services (in whole or in part, and including any content made available thereon), including, but not limited to, use on a “mirrored,” competitive, or third-party site. Upon termination, we will be under no obligation to provide you with a copy of Your Materials. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
THIRD-PARTY SERVICES.

Third-Party Services. You acknowledge and agree that: (i) one or more of the functionalities or services available on or via our Services may be made available by third parties (“Third-Party Service Providers” and such functionalities or services, “Third-Party Services”); (ii) certain aspects of our Services (such as the Site, for example) rely on API integration for certain features and functions, but that API integration has its own inherent level of unpredictability and inconsistency that is out of our control, and that as such we will have no liability for downtime of any Services caused by API integration failures; (iii) Third-Party Service Providers may impose restrictions on use of the particular Third-Party Service, in addition to other terms and conditions, including without limitation, those set forth in any applicable terms and conditions agreed to by, or otherwise made available to, you (collectively, “Third-Party Requirements”); (iv) you are solely responsible for compliance with, and will ensure that you comply with, all Third-Party Requirements; and (v) we may at any time terminate and/or discontinue any Third-Party Services, including as a result of termination of our relationship with the applicable Third-Party Service Provider, provided that we will endeavor to provide you with advance written notice of any such termination or discontinuation if possible.
Links to Third-Party Sites or Content. Links from our Services to external sites or inclusion of advertisements and other third-party content on our Services, do not constitute an endorsement by us of such sites or the content, products, advertising, and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for our users’ reference and convenience. We do not control third-party sites or content, and as a result we are not and will not be responsible or liable for them. Such sites and content are governed by their respective owners’ terms of use or service and privacy policies, and not these Terms (including our Privacy Policy). We expressly disclaim any liability derived from the use or viewing of such links or content that may appear on our Services, and you hereby agree to hold us harmless from any liability that may result from the use of such links or content.
Third-Party Products and Service Offerings. We may promote the products or service offerings of third parties on or through our Services, including as part of the benefits offered to our members. As to those third-party products or services, you acknowledge and agree that:
1. We make no guaranty regarding or otherwise in respect of any third-party products or services, even if promoted on or through our Services, including as part of the benefits offered to our members;
2. We will not be a party to any agreement between you and any third-party product or service provider or any other matters, and any terms and conditions of any such agreement are and will be solely and exclusively between you and any such third-party product or service providers;
3. We do not endorse, and make no representations or warranties regarding, any such third parties including, without limitation, with respect to certification, licenses held, experience, credibility, timeliness or quality of performance, or any other qualifications;
4. Your entrance into a commercial relationship with any such third-party is at your sole and exclusive risk, and you can and should conduct due diligence you deem necessary or appropriate before doing so; and
5. We are not and will not be responsible or liable for any acts or omissions of any such third-party product or service provider with who or whom you engage.

OWNERSHIP AND LICENSES.

Ownership. You will own all right, title and interest in and to Your Materials. We or our licensors will own and retain all right, title and interest in and to the following (collectively, “Our Property”): (i) our Services, including the Site, the Technology, and all improvements, enhancements or modifications to any of the foregoing; (ii) any work product, including any software, applications, inventions or other technology or intellectual property developed, authored and/or reduced to practice in connection with our Services (“Results”); (iii) the “Veteran Strong” name, brand, marks and other similar intellectual property; (iv) any Feedback; (v) any and all performance data, test or evaluation results, or other metrics derived from our Services, including the Site and Aggregated Data (as defined below); and (vi) all intellectual property rights related to any of the foregoing. We expressly reserve all other rights in and to the foregoing. During and after the term of your use of our Services, each of you and we will cooperate with the other to do any and all things which are reasonably necessary or desirable to establish, maintain, protect, and enforce our or your exclusive ownership of the property identified in this section. Without first obtaining our express written consent, you will not use our name, trademarks, trade names, service marks, or any patented designs for any reason.
Use of Data. Notwithstanding anything to the contrary, and to the extent not prohibited by Law, we will have the right to collect and analyze Your Materials and other information relating to the provision, use and performance of various aspects of our Services (including the Site and Technology, and including, without limitation, Your Materials and data derived therefrom), and will be free (during and after the term of your use of our Services) to: (i) use such information and data to improve and enhance our Services and for other development, diagnostic and corrective purposes in connection with our Services, including the Site, the Technology or our other product or service offerings; and (ii) use and disclose such information and data solely in aggregate or other de- identified form in connection with our business without disclosing your identity (“Aggregated Data”). No rights or licenses are granted except as expressly set forth herein.
Feedback. Any improvements, enhancements or other modifications created, prepared, produced, authored, edited, amended, conceived, or reduced to practice by us (whether alone or together with you or any other third party or parties) arising out of or relating to Feedback are and will remain our sole and exclusive property.

PRIVACY. We use, disclose, share and/or otherwise sell Your Materials as set forth in our Privacy Policy. Our Privacy Policy is hereby incorporated into these Terms by reference.
USER GENERATED CONTENT. Certain aspects of our Services may permit you and other users of our Services to chat, share, or otherwise share or display with one another certain information, materials, or other content (collectively, “User Generated Content”).

We Do Not Endorse User Generated Content. We are not involved in the preparation or actual transmission of User Generated Content. As a result, we do not approve or endorse User Generated Content, and you acknowledge and agree that we: (i) have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content posted by you or any other person or entity; and (ii) will have no liability to you as a result of your submission or posting, access or use of, or reliance on, such User Generated Content. User Generated Content posted by other users may be inaccurate. Additionally, you may find User Generated Content posted by other users to be offensive, harmful, indecent, or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content. We may, but need not, review User Generated Content, and we may, in our sole discretion and at any time, remove or edit any User Generated Content for any reason or no reason. You acknowledge and understand that we are under no obligation to enforce these Terms on your behalf against another user. Opinions, advice, statements, offers, or other information included in any User Generated Content, but not directly by us, are those of their respective authors, who/which are solely responsible for such User Generated Content. You will not post material or make statements that do not generally pertain to the designated topic or theme of any forum, chat, or bulletin board.
Copyright Infringement. We take claims of copyright infringement seriously. We will respond tonotices of alleged copyright infringement that comply with applicable Law.

Notification. If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access to them) from our Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), your written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.

Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our Services, a representative list of such works.

Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

A statement that the information in the written notice is accurate.

A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of the DMCA, then your DMCA Notice may not be effective. Additionally, please be aware that, if you knowingly materially misrepresent that material or activity on our Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures. If you believe that material you posted on our Services was removed or access to it was disabled by mistake or misidentification, then you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent. Pursuant to the DMCA, a Counter-Notice must include substantially the following:

Your physical or electronic signature.

An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the U.S. for any judicial district in which our Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Legal Department
Veteran Strong, LLC
360 South Rosemary Avenue, Suite 1900
West Palm Beach, FL 33401
info@veteranstrong.org

CONSENT TO ELECTRONIC COMMUNICATION. By using our Services, you agree to allow us to communicate with you electronically, and you consent to electronic delivery of notices, documents, and other materials from us or our Services, via the Site or e-mail. If you are a registered member, you also agree to check your membership account for alerts and messages, and the e-mail account reflected on your membership account on a reasonably regular basis to stay apprised of important notices and information about your membership with us.
DISCLAIMERS. OUR SERVICES (INCLUDING THE TECHNOLOGY AND ALL CONTENT INCLUDED THEREON) ARE PROVIDED “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SAME. Without limiting the generality of the foregoing:

You acknowledge that all or a portion of our Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control. We will use commercially reasonable efforts to provide notice of any scheduled service disruption and to reinstate the affected Services. HOWEVER, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY REPRESENTATION OR WARRANTY THAT OUR SERVICES (IN WHOLE OR IN PART) WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, EXPECTATIONS, NEEDS, GOALS, ACHIEVE ANY PARTICULAR RESULT, INCLUDING COMPLIANCE WITH ANY APPLICABLE LAWS, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE.
WE DO NOT: (i) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY CONTENT OR INFORMATION AVAILABLE ON, THROUGH OR AS A RESULT OF OUR SERVICES AND HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT AND INFORMATION; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. ALL CONTENT, INFORMATION, AND MATERIALS AVAILABLE ON, THROUGH OR AS A RESULT OF OUR SERVICES IS PROVIDED FOR YOUR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO AND SHOULD NOT BE RELIED UPON OR CONSTRUED AS PROFESSIONAL OR EXPERT ADVICE. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT WILL WE BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF SUCH INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES OR OUR CONTENT, OR OTHERWISE AVAILABLE THROUGH OUR SERVICES WILL CREATE ANY WARRANTY REGARDING US OR ANY OF OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALINGS WITH ANY THIRD PARTY, AND YOUR USE OF OUR CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR FINANCIAL ASSETS, AND ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS THEREOF OR OF ANY DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY OF OUR CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.
ALL THIRD-PARTY SERVICES INCLUDED IN OUR SERVICES ARE PROVIDED “AS IS” AND ARE SUBJECT TO ANY APPLICABLE THIRD-PARTY SERVICE PROVIDER TERMS AND CONDITIONS. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY SERVICE IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY SERVICE PROVIDER. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A FINANCIAL INSTITUTION, INSURANCE PROVIDER, CREDIT CARD PROVIDER OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
WE MAKE NO GUARANTEES AS TO HOW LONG OUR SERVICES WILL BE AVAILABLE. We make no guarantees as to the features and benefits of our Services and our Services are subject to change at any time without notice. Our Services and anything associated with us are subject to change at any time and by any method.

LIMITATIONS ON LIABILITY.

IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OF OUR SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF OUR SERVICES; (iii) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF YOUR FINANCIAL ASSETS, DATA, OR A BREACH OF DATA OR SYSTEM SECURITY; OR (iv) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL WE OR ANY OF OUR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED AS A RESULT OF YOUR USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION, FINANCIAL LOSS, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT AVAILABLE BY OR AS A RESULT OF YOUR USE OF OUR SERVICES.
IN NO EVENT WILL OUR, AND OUR LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you. In the event that the foregoing is determined or held to be inapplicable or unenforceable by any court, Arbitrator (as defined below), arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including Chapter 95 of the Florida Statutes, will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.

INDEMNIFICATION. You will indemnify, defend and hold us and our affiliates, licensors, and service providers, and our and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any and all claims, actions, losses, damages, judgments, liabilities, costs, and expenses (including attorneys’ fees and the costs of enforcing this provision and of pursuing any insurance providers) arising from or relating to: (i) any of Your Materials, including any use, disclosure or storage of the same by us or on our behalf in accordance with these Terms and our Privacy Policy; (ii) your failure to comply with any applicable Laws, rules or regulations, or any of your other obligations, covenants, representations and warranties set forth in these Terms; (iii) your violation of these Terms or your use of our Services, in whole or in part, including, but not limited to, any use of our Services’ content and products other than as expressly authorized in these Terms, your use of any information obtained from our Services, or any act, or other decision made by you as a result of or otherwise in connection with your use of our Services; or (iv) use of our Services by any other person using your Access Credentials. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action.
OUR REMEDIES. You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms. You agree that (notwithstanding Section 15 below) we may bring any action or proceeding with regard to such injunction restraining such breach or threatened breach in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida, West Palm Beach Division. You consent to personal jurisdiction over you by such court and to the exclusive jurisdiction of such court, and waive any objection to the laying of venue of any such action or proceeding in such court.
DISPUTES: ARBITRATION AGREEMENT, AND CLASS WAIVER.

Read this section carefully. Except as these Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

15.1 Agreement to Binding Arbitration

Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our Services and upon which you rely. You may seek to resolve any customer concerns through our support services at info@veteranstrong.org or send the written description by U.S. Mail to 360 South Rosemary Avenue, Suite 1900, West Palm Beach, FL 33401; Attn: Customer Service. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against us on an individual basis in arbitration, as set forth in this Section 15. You and we agree that any disputes between us (including any disputes between you and a third-party agent of us) will be resolved through binding and final arbitration and not in a court. This includes, but is not limited to, (a) any dispute, claims, or controversy arising out of or relating to any part of these Terms, or the existence, breach, termination, enforcement, interpretation, or validity thereof; or (b) your access to or use of our Services at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in Palm Beach County, Florida (or such other location as you and we mutually agree) and shall be before one Arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this Arbitration Agreement.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an Arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would.

15.2 No Class Action

You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

15.3 Rules and Governing Law

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent those rules conflict with these Terms.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Florida, without regard to its conflict of laws provisions.

15.4 Arbitration Process

You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (a) the names, addresses and phone numbers of the parties involved (you and us, in most cases); (b) a description of the dispute; and (c) a short statement of the relief you are seeking. The AAA provides a Demand for Arbitration form on its website. Or you may contact the AAA at 800-778-7879.

Complete the Demand for Arbitration and make at least four (4) copies. Keep one copy for your records. Send one copy to us by certified mail at Notice of Dispute, ADDRESS: 360 South Rosemary Avenue, Suite 1900, West Palm Beach, FL 33401.

Send the final two copies of the Demand for Arbitration to the AAA. Please be sure to include (1) a copy of this arbitration provision (you may obtain a copy from these Terms); and (2) the appropriate AAA filing fee. You may obtain the amount of the filing fee by consulting the AAA's rules. Those rules may be obtained by visiting the Consumer section on the AAA's website, or by calling the AAA at 800.778.7879.

Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the Arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Palm Beach County, Florida. You and we will submit to the personal jurisdiction of the courts located within Palm Beach County, Florida for the purpose of litigating all such claims or disputes.

15.5 Arbitrator’s Decision

The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.

Regardless of the manner in which the arbitration is conducted, the Arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties.

Judgment on any award rendered by the Arbitrator is final, binding and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors and assigns. With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law.

15.6 Fees

Payment of all filing, administration and Arbitrator fees will be governed by the AAA's applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the Arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the Arbitrator.

15.7 Opt-Out Procedure Applicable to All Consumers

You can decline this agreement to arbitrate by emailing us at info@veteranstrong.org and providing the requested information as follows: (1) Your Name; (2) the URL of these Terms; (3) Your Address; (4) Your Phone Number; and (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept these Terms.

MISCELLANEOUS. Our Services may contain references to products or services which are not available in all locations. You may not assign these Terms or your rights to use all or any portion of our Services without our prior written consent. No delay or omission by us to exercise any right or power under these Terms will impair any such right or power or be construed as a waiver thereof. A waiver by us in any one instance of any of the covenants, conditions or agreements to be performed by you will not be construed as a waiver with respect to any succeeding instance in which the same provision may apply. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms and will not limit or otherwise affect in any way its meaning or interpretation. These Terms are for the sole benefit of the parties and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or will confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of these Terms. If any provision of these Terms is found by any court, Arbitrator, or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms, which will remain in full force and effect. These Terms represent the entire understanding and agreement between us and you with respect to the subject matter hereof, and supersede all other negotiations, understandings and representations (if any) made by and between such parties, whether orally or in writing.
INTERPRETATION. For purposes of these Terms, (a) the word “including”, or any variation thereof means “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it; (b) the word “or” is not exclusive; and (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa. These Terms shall be construed without regard of any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. These Terms are drafted in the English language. If these Terms are translated into any other language, the English language text will prevail.
CONTACT INFORMATION. If you have any questions or need further information as to our Services, please contact us via email at: info@veteranstrong.org.