Terms and Conditions of Use
Last Updated: [January 1, 2016]
This website www.aafmaatrust.com is owned and operated by AMERICAN ARMED FORCES MUTUAL AID ASSOCIATION (hereafter referred to as "AAFMAA," "we," "us," or "our"). These Terms and Conditions of Use and all other legal documents incorporated by reference (collectively, the “Terms”) set forth the legal contract between each end user ("User" or "you" or “your”) and us with respect to access to and use of our products and services through our mobile application and website (collectively, the “Site”).
Some of our other sites, applications, products, services and tools may have additional terms that we provide to you when you use those sites, applications, products, services or tools.
1. AAFMAA Services and Membership.
For so long as you agree to these Terms and abide by them, you may use the Site and Services. These Terms apply to all Users of the Site and Services, including Visitors and Members. Users include both unregistered visitors of the Site (each a “Visitor”) and registered members (each a “Member”). Visitors may browse the Site in accordance with these terms, but will not have full access to the Site or Services unless a Visitor becomes a Member. Not all Visitors are eligible to become Members. Eligibility for membership shall be determined by AAFMAA in its sole discretion. The terms “Member” and “membership” generally refer to current AAFMAA customers who receive certain Services and do not convey any legal, eligibility or ownership rights.
"Services" means any and all products, services, applications, and functionalities as may be provided by AAFMAA to you via the Site from time to time. Not all of the Services are available in all states or to all Users. You may not be eligible for all Services. AAFMAA reserves the right, in its sole discretion, to determine who is eligible for each Service.
Members may set up an account directly with AAFMAA. To access the Member-only portion of the Site, you are required to enter a username or customer number (also referred to as a member number) and password. A customer number is provided to Members on their Membership Card, which is received by Members after an initial product or services is purchased. You are required to maintain an email address in order to access the Member Center.
You may not transfer to or share your account with other persons or entities, and you are solely responsible for maintaining the confidentiality of your account. You are solely responsible for any and all use of your account and all activities that occur under or in connection with it. You agree (i) to be responsible for any act or omission of any users accessing the Site or Services under your account that, if undertaken by you, would be deemed a violation of these Terms, and (ii) that such act or omission shall be deemed a violation of these Terms by you.
Please notify us immediately if you become aware that your account is being used without authorization. You agree not to register for an account on behalf of an individual other than yourself, or if you register for an account on behalf of any other person, you agree that you are authorized to do so and can bind such person to these Terms. In registering for the Site or Services, you agree to provide accurate, true, current, and complete information as requested by the registration screens.
3. Ownership and Restrictions on Use of Materials.
As between you and us, we retain all right, title and interest in and to the Site, the Services, the Software, and all related intellectual property rights. The Site as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to AAFMAA or its content providers are likewise subject to copyright protection domestically and internationally. No material from the Site may be copied, modified, reproduced, republished, uploaded, posted, transmitted, offered for sale, sold or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of AAFMAA's copyright and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited. You agree not to modify or create any derivative product based on the Site or the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site or the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code.
Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Site or in the Services, including its “look and feel,” constitute trademarks, trade names, service marks, trade dress or logos ("Marks") of us or other entities. All Marks not owned by AAFMAA that appear on the Site are the property of their respective owners. You are not authorized to use any Marks. Ownership of all Marks and the goodwill associated therewith remains with us or those other entities.
In the event that you download any software from the Site, the software, including any files, images incorporated in or generated by the software, data accompanying the software, and any other copyrightable content that we may have made available for download (collectively, the "Software"), subject to any additional licensing terms available to you upon download, are licensed to you by AAFMAA on a non-exclusive, non-transferable, non-sublicensable, limited basis. AAFMAA does not transfer title to the Software to you. AAFMAA retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
You agree not to use the Site or Services to: (i) violate any local, state, national or international law, including, but not limited to intellectual property laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any other regulations having the force of law; (ii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iii) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; (iv) interfere with or disrupt the Site, the Services or servers or networks connected to either, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Services; (v) generate unsolicited email advertisements, chain letters, junk mail, spam or allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via email (spam); (vi) attempt to gain unauthorized access to the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site; (vii) upload, post, email, transmit, distribute or otherwise make available any material that contains viruses, computer code or any other technologies that may harm us or the interests or property of users or limit the functionality of any software, hardware or other equipment; or (viii) circumvent, disable or otherwise interfere with security-related features of the Site or Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or Services therein. Please be aware that it is a federal crime and a violation of 18 U.S.C. § 1030 (The Computer Fraud and Abuse Act) to intentionally access a computer without authorization and to knowingly cause damages.
4. Disclaimer, Limitations and Exclusions of Liability,
THE MATERIALS IN THIS SITE, THE SITE, THE SOFTWARE AND THE SERVICES ARE PROVIDED"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AAFMAA AND ITS AFFILIATES DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, ACCURACY OF DATA, AND FITNESS FOR A PARTICULAR PURPOSE. AAFMAA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AAFMAA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AAFMAA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. AAFMAA DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
USE OF THE SERVICES, THE SITE, THE SOFTWARE AND ANY CONTENT AND INFORMATION IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AAFMAA OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR MATERIALS IN THIS SITE OR ARISE IN CONNECTION WITH THESE TERMS, EVEN IF AAFMAA OR AN AAFMAA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL AAFMAA HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) FOR ACCESSING THIS SITE. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND AAFMAA RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND ANY CONTENT TO YOU, AND AAFMAA WOULD NOT PROVIDE THE SITE, SERVICES OR CONTENT TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR DELETION OF YOUR ACCOUNT.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless AAFMAA, its affiliates, and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your misuse of the Site, Services, and/or Software; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Site, Software, and/or the Services.
5. Feedback; Diagnosis of Problems.
For purposes of this section, “Feedback” means any information you provide us about the Site or Services, as a comment or evaluation. Your Feedback is welcomed and encouraged. You agree, however, that (i) by submitting ideas to us, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) ideas submitted to us or any of its employees or representatives automatically become the property of AAFMAA. If we solicit your Feedback or opinion regarding any areas of our business, the Site or the Services, and if you want to send us your Feedback (and we hope you do) we simply request that you send it to us by emailing [firstname.lastname@example.org]. You agree that any Feedback you provide to us shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. You agree not to take any action that may undermine any Feedback or ratings systems that we establish as part of the Site or the Services. This includes not displaying, importing, exporting or using any Feedback information off of the Site, regardless of purpose.
You hereby expressly permit AAFMAA or its authorized contractors and partners to access your account in order investigate and diagnose actual or potential defects or other technical problems with the Site.
These Terms will become effective and binding when you use the Services, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”). We reserve the right to terminate these Terms, your access to the Site, the Services and/or account at any time, without notice, and at our sole discretion. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand that if you want to use our Services after termination of your account, you may need to re-register and provide us with your information anew. The provisions of Sections 3, 4, 5, 6 and 7 will survive the termination of these Terms for any reason.
7. Miscellaneous Matters.
If you believe in good faith that your copyright has been violated by content available on the Site, please contact us by email at email@example.com.
Modifications to Terms.
Modifications to Services.
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.
These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, excluding its rules regarding conflicts-of-law. You agree that any claim or dispute you may have against AAFMAA must be resolved exclusively by a state or federal court located in the Commonwealth of Virginia. You agree to submit to the personal jurisdiction of the courts located in Commonwealth of Virginia for the purpose of litigating all such claims or disputes. You agree that any claim or cause of action related to the Site, the Services, the Software, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AAFMAA without restriction. You agree to comply with all laws, rules and regulations that apply to your use of the Site and the Services. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and AAFMAA's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect.