TERMS OF USE

1. MISSION & PURPOSE 

Vets Town Hall Corporation (together with any affiliates, “VTH”, “us”, “our”, and “we”) facilitates and organizes events and community forums aiming to establish greater understanding between local veterans and the friends and neighbors they served.

2. Acceptance of These Terms 

These Terms of Use (“Terms”) govern your use of our website at www.vetstownhall.org and related online or offline services we may provide (the “Services”).  By accessing or using the Services, you represent that you are of legal age of legal age to form a binding contract with us, meet any eligibility requirements herein, and agree to these Terms.  If your use is on behalf an entity you represent, you further agree to accept these Terms on behalf of that entity.  If you do not agree to these Terms, you may not access or use the Services.  We may suspend or terminate your rights to access and use the Services at any time for any reason at our sole discretion, including for any use of the Services that violates these Terms.  If you have entered into a formally executed written agreement with us, the terms of that agreement will govern in the event of any conflict with these Terms. 

PLEASE NOTE THAT SECTIONS 9-12 BELOW ADDRESSES YOUR RIGHTS IN ANY DISPUTE WITH US, INCLUDING MANDATORY ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU.

Note that many “Vets Town Hall” events are locally organized by individuals or entities acting independently, and VTH is not responsible for such activities.  Each event organizer is responsible for their own events (e.g., venue, insurance). 

3. Access to the Services 
   • 3.1 License and Restrictions.  Subject to these Terms, VTH grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use. These rights are subject to the following restrictions: (a) you may not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you may not access the Services in order to build a similar or competitive website, product, or service; and (d) no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means except as expressly permitted herein.  Access to, and use of, password protected and/or other secure areas of the Services is restricted to authorized users only.  All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.
   • 3.2 Use of VTH Materials. VTH’s mission is the facilitation and organization of events (each, a “Town Hall Meeting”) giving veterans an opportunity to speak to community members about what it was like to serve their country.  VTH provides you with templates, documents, and other media to effectuate, arrange, promote and host the Town Hall Meeting that you arranged or in which you will participate (“Town Hall Materials”), including those available here: https://vetstownhall.org/tag/downloads-media/. If we make Town Hall Materials available to you, then you may use the Town Hall Materials solely in connection with your Town Hall Meeting and in accordance with any other terms made available to you when you access the Town Hall Materials (including via email or otherwise made available to you when you download the Town Hall Materials).   Where expressly permitted on the Services or otherwise in writing from us (including via email), you may use all other VTH materials (i.e. VTH materials that are not Town Hall Materials) solely for the indicated, non-commercial purposes. 
   • 3.3 User Accounts.  If we offer the ability for you to register for an account (“Account”) and access certain access-controlled portions of the Services, you represent and warrant that any registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by contacting us. You are responsible for maintaining the confidentiality of your Account login information and responsible for all activities that occur under your Account.  You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  
   • 3.4 Modification.  VTH may at any time in its discretion modify, suspend, or discontinue parts or all of the Services with or without notice to you. VTH has no obligation to provide you with any support or maintenance in connection with the Services. 
   • 3.5 Ownership.  All intellectual property and proprietary rights, including copyrights, patents, trademarks and trade secrets embodied in the Services (including the Town Hall Materials) and its content are owned by VTH or its licensors.  These Terms and use of the Services does not transfer to you or any third party any rights, title, or interest therein except for the limited license to access and use the Services as provided above. There are no implied licenses granted under these Terms, and VTH with its licensors reserve all rights not expressly granted herein. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks, except for the uses expressly permitted herein without modification (such as when they appear in Town Hall Materials).
   • 3.6 Contributed Content.  Individuals and organizations may use our Services to share content, such as pictures, presentations, audio/visual works, articles and publications, social media content or other media in support of VTH activities (collectively “Contributed Content”).  You agree and represent that with respect to any Contributed Content you provide to us: (i) it is truthful, accurate, not misleading, and offered in good faith; (ii) you grant us a non-exclusive fully-paid and royalty-free, transferable, sub-licensable, perpetual, irrevocable, and unrestricted worldwide right and license to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute or otherwise disclosure to others (in whole or in part and for any purpose), (iii) you have all necessary rights to provide it with us under such license terms, and (iv)  unless expressly agreed-upon otherwise, we may use your name, hometown, provided profile picture and biographical information as news or information in our media and for advertising or promotional purposes in connection with the Contributed Content or other materials we develop. Unless we mutually enter into an express written agreement to the contrary, you agree not to send us any Contributed Content that you consider to be confidential or proprietary, and VTH may treat any Contributed Content as non-confidential and non-proprietary.
   • 3.7 Feedback.  If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to VTH all rights in such Feedback and agree that VTH shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  VTH may treat any such Feedback as non-confidential and non-proprietary.  
     
4. Privacy 

Personal information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy.

5. Donations

You acknowledge that donations or other payments facilitated through our Services will rely on a reputable third-party payment processor.

6. Acceptable Use Policy  

You agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in any robots.txt file we post).

7. Third-Party Links & Ads; Other Users

The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under the control of VTH, and VTH is not responsible for any Third-Party Links & Ads. VTH provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

8. Reporting Copyright Infringement and Other Violations with Respect to Services 

We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or these Terms. For allegations of copyright infringement or any other issues, please notify us via the contact information provided at the end of these Terms.

9. Disclaimers 

The Services is provided on an “as-is” and “as available” basis.  VTH (with our licensors and suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our licensors and suppliers) make no warranty that the Services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  To the extent any applicable law requires any warranties with respect to the Services, all such warranties are limited in duration to ninety (90) days from the date of first use. Some jurisdictions do not allow an exclusion or time-limitation for certain implied warranties, and solely to that extent the above exclusions may not apply to you.  

10. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VTH (OR OUR REPRESENTATIVES, AGENTS, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF VTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOLELY TO THAT EXTENT THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ANY LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  

11. Governing Law; Arbitration and Class Action Waiver 

THE LAWS OF THE STATE OF VERMONT WILL GOVERN THESE TERMS AND ANY DISPUTE RELATING TO THE SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS OF VERMONT IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON. 

Excluding claims for injunctive or other equitable relief, for claims related to the Services or any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in the state of Vermont or at the option of the party seeking relief, online, by telephone, online, via written submissions alone, or upon request within your state of residence, and be administered by JAMS. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

12. Indemnification 

You agree to indemnify and hold VTH (and its representatives, agents, licensors and suppliers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your unauthorized use of the Services, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. VTH reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of VTH.  VTH will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

13. Services Controlled from United States 

The Services is controlled and operated by us in the United States. We make no representations that the Services are appropriate or available for use at locations outside the United States. If you access this Services from locations outside of the United States, then you are responsible for your compliance with all applicable laws. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. 

14. Changes

We may in our sole discretion modify, alter or otherwise update these Terms at any time, and access or use of the Services after we post updated Terms shall be deemed acceptance of those Terms. 

15. Entire Terms; Severability 

These Terms constitute the entire agreement between you and us regarding use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  We may freely assign these Terms.  

16. Contact Information

If you have any questions, concerns or comments about these Terms or our Services, please contact us. 

These Terms were last updated September 23, 2022.