Effective January 1, 2022
Terms of Use
1. Contract Relationship
These Terms of Use (“Terms”) govern your access or use of militaryneighbor.org (the “Service,” made available to you by Forus LLC. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Forus LLC. In these Terms, the words “including” and “include” mean “including, but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Forus LLC may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in various ways (e.g., Forus LLC’s webpage militaryneighbor.org) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Forus LLC may amend the Terms from time to time. Amendments will be effective upon Forus LLC posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Forus LLC changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Forus LLC written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be by email from the email address associated with your Account to: admin@militaryneighbor.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
Forus LLC’s collection and use of personal information in connection with the Services is described in Forus LLC’s Privacy Statements located at https://militaryneighbor.org/privacy-policy/
2. The Service
The Service comprises of a website “militaryneighbor.org”, which enable users to find certain good and services, including with third party providers of such services and goods under agreement with Forus LLC or certain of Forus LLC’s affiliates (“Third Party Vendors”). The Services In certain instances may also include an option to purchase goods, and/or delivery of goods by Third Party Vendors. Unless otherwise agreed by Forus LLC “Us”, in a separate written agreement with you, the good or services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN THESE GOODS OR SERVICES, AND/OR DELIVERY OF THE GOODS OR SERVICES THROUGH THE USE OF THE SERVICE DOES NOT ESTABLISH FORUS LLC AS A SELLER OF THOSE GOODS OR SERVICES OR DELIVERER OF THOSE GOODS OR SERVICES.
License.
Subject to your compliance with these Terms, Forus LLC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use militaryneighbor.org on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Forus LLC.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Forus LLC; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Goods and Services.
The Service may be made available or accessed in connection with third party services and content (including advertising) that Forus LLC allows to be posted onto militaryneighbor.org. Forus LLC does not endorse such Vendor goods or services and in no event shall Forus LLC be responsible or liable for any products or services of such Vendors. Every effort will be made to review all Vendors who sell their products on militaryneighbor.org and Forus LLC will attempt to resolve any disputes you may have with these Vendors.
3. Access and Use of the Services
User Accounts.
In order to use most aspects of the Service, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to militaryneighbor.org certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by militaryneighbor.org. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to make purchases on the service. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Forus LLC in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to purchase goods or services from Third Party Providers. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Service, and you may only access or use the Service for lawful purposes (e.g., purchasing goods for reproduction and resale). If you fail to comply with these Terms (including policies and supplemental terms), you may be denied access to or use of the Service and Forus LLC may delete your account because of your failure to comply with these Terms.
In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Text Messaging, Telephone Calls and Emails.
You agree that Forus LLC may contact you by email, telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers or email addresses provided by you or on your behalf in connection with a militaryneighbor.org account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving emails or texts messages from militaryneighbor.org at any time, by contacting admin@militaryneighbor.org. If you do not choose to opt out, militaryneighbor.org may contact you as outlined in its User Privacy Statement, located at https://militaryneighbor.org/privacy-policy/
User Provided Content.
Forus LLC may, in Forusn LLC’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Forus LLC through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Forus LLC, you grant Forus LLC a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Forus LLC’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Forus LLC the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Forus LLC’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Service. Your mobile network’s data and messaging rates and fees may apply if you access or use the Service from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and Applications and any updates thereto. Forus LLC does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Payment
You understand that use of the Service may result in charges to you for the service or goods you receive or intend to receive (“Charges”). Forus LLC will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Service. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, such as shipping fees for the delivery of your goods or service.
All Charges and payments will be enabled by Forus LLC using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Forus LLC may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Forus LLC or the Vendor to which you purchased the goods or services from.
As between you and Forus LLC, Forus LLC reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Service at any time in Forus LLC’s sole discretion. Forus LLC may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service or the Charges applied to you. You may elect to cancel your purchase at any time prior to the commencement or shipment of such good or services in which case you will receive a full refund. However, if items are already shipped and you elect to cancel you order, you may be charged the shipping fee and a restocking fee on a Vendor’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate the product and leave additional feedback on militaryneighbor.org. Forus LLC may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Vendors or other third parties.
In certain cases, with respect to Vendors, Charges you incur will be owed directly to Vendors, and Forus LLC will collect payment of those charges from you, on the Vendor’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Vendor. In such cases, you retain the right to request lower Charges from a Vendor for services or goods received by you from such Vendor at the time you make a purchase for such goods or services, and Charges you incur will be owed to the Vendor. Forus LLC will respond accordingly to any requests you make to retrieve funds for goods and services. In all other cases, Charges you incur will be owed and paid directly to Forus LLC or its affiliates, where Forus LLC is solely liable for any obligations to Vendors. In such cases, you retain the right to request lower Charges from Forus LLC for goods or services received by you from a Vendor at the time you receive such goods or services, and Forus LLC will respond accordingly to any request from you to modify the Charges for a particular good or service.
5. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” FORUS LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FORUS LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE GOODS OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICE WILL MEET YOUR DESIRED INTENT. FORUS LLC DOES NOT GUARANTEE THE QUALITY OF THE GOOD OR SERVICES PROVIDED BY VENDORS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY GOOD OR SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FORUS LLC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON FORUS LLC’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Indemnity.
You agree to indemnify and hold Forus LLC and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Service or services or goods obtained through your use of the Service; (ii) your breach or violation of any of these Terms; (iii) Forus LLC’s use of your User Content; or (iv) your violation of the rights of any third party, including Vendors.
6. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Forus LLC by email: admin@militaryneighbor.org
Notice.
Forus LLC may give notice by means of a general notice on the Service, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Forus LLC, with such notice deemed given when received by Forus LLC, at any time by first class mail or pre-paid post to our registered agent at 7901 4th St N STE 300, St. Petersburg, FL 33702.
You may not assign these Terms without Forus LLC’s prior written approval. Forus LLC may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Forus LLC’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Forus LLC or any Vendor as a result of this Agreement or use of the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Forus LLC’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Forus LLC in writing.