Military Cost Cutters Membership Agreement / Terms and Conditions

February 26, 2013


Military Cost Cutters LLC. d/b/a Military Cost Cutters ("MCC") provides reviews and ratings on a variety of businesses that provide military discounts (collectively, "Service Providers") to you, the user ("You"), to allow You the opportunity to read about the experiences other users have had with these Service Providers and to provide Your own reviews and ratings on the Service Providers You use.


In order to be a member and use the Service (as defined below), You must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this "Agreement"), which may be modified by MCC from time to time at our sole discretion. All modifications will be posted on www.militarycostcutters.com(our "Website") and will become effective immediately upon the posting thereof.. We strongly recommend that, as You read this Agreement, You also access and read the linked information and that You understand that it is Your responsibility to remain up to date on the conditions. By accepting this Agreement, You also agree that Your use of some MCC-branded websites or other websites we operate may be governed by separate membership agreements and privacy policies. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.



TERMS OF USE



1. MCC SERVICE


MCC provides reviews and ratings on military discount Service Providers based upon feedback from users experience with these Service Providers and provides You the opportunity to provide Your own reviews and ratings on the Service Providers You use (collectively, the "Service").


2. REGISTRATION INFORMATION


As a condition of Your use of the Service, You agree to (a) provide MCC with true, accurate, current and complete information as prompted by the MCC registration forms, when registering for or using the Service and (b) update and maintain the truthfulness, accuracy and completeness of such information.


3. MINIMUM AGE


If You are under the age of eighteen (18), You are prohibited from using or registering for the Service.


4. PRIVACY POLICY


MCC has established a privacy policy to explain to You, and other users, how your personal information is collected and used. This privacy policy is located at http://www.militarycostcutters.com/privacypolicy.aspx.


5. ACCOUNT SECURITY


MCC will assign You a user ID and a password when You register. Your user ID and password may only be used by You and You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.


6. LIMITED LICENSE TO WEBSITE AND MAGAZINE


By agreeing to the terms and conditions of this Agreement, MCC grants You a limited license to access and use the reviews and ratings offered by the Service. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose the reviews and ratings and any content, without the express written consent of MCC.


7. SUBMISSIONS OF REVIEWS


In order for You to submit Your own reviews and ratings on the Website or mobile application, You acknowledge and agree that:


(a) All of Your reviews and ratings will be based upon Your actual first-hand experiences with the Service Providers You are reviewing


(b) All of Your reviews and ratings of the Service Providers that You are rating will be accurate, truthful and complete in all respects;


(c) You do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which You submit reviews and ratings;


(d) You do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which You submit reviews and ratings;




8. CONTENT LICENSE


Although MCC does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials You give us (collectively, the "Content"), by providing Content for the Website and mobile application, You automatically grant, and You represent and warrant that you have the right to grant, to MCC an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing MCC with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or mobile application by any other party.


9. PUBLICATION AND DISTRIBUTION OF CONTENT


MCC does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that MCC simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content ("Service Provider Content"). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that MCC does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content, furthermore in any instance of abusive, misleading, or offensive content be immediately notified to MCC by emailing support@militarycostcutters.com. .


You further acknowledge that MCC has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other MCC member or any Service Provider. However, MCC reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will MCC be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information, or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against MCC relating to Content or Service Provider Content, and release MCC from any and all liability for or relating to any Content or Service Provider Content.


10. SERVICE PROVIDERS


MCC does not endorse and is not responsible or liable for any Content, Service Provider Content, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers. You agree that should You use or rely on such Content, Service Provider Content, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider MCC is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Service Provider exclusively and do not involve MCC. You should make whatever due diligence or other resources that You deem necessary or appropriate before hiring or engaging Service Providers.


You agree that MCC is not responsible for the accessibility or unavailability of any Service Provider or for Your interactions and dealings with them, waive the right to bring or assert any claim against MCC relating to any interactions or dealings with any Service Provider, and release MCC from any and all liability for or relating to any interactions or dealings with Service Providers.


11. YOUR CONDUCT


In connection with Your use of the Service, You represent and warrant that You:


(a) are above the age of eighteen (18);


(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, and national laws;


(c) will not submit any reviews that may be considered by MCC to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable;


(d) will submit thorough and thoughtful reviews of the Service Providers You review to include a rating followed by substantial information that will help the members for future service;


(e) will not submit reviews that comment on other users or the reviews of other users;


(f) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with MCC, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;


(g) will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;


(h) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);


(i) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;


(j) will not take any action that would undermine the review and rating process under the Service;


(k) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;


(l) will not use the Service in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;


(m) will not use the Service in any way that could interfere with the rights of MCC or the rights of other users of the Service;


(n) have sufficient rights in and to all Content that You provide, transmit or otherwise convey to MCC in connection with the Service;


(o) agree not to re-sell or assign Your rights or obligations under this Agreement;


(p) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;


(q) will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of MCC, which consent may be withheld by MCC in our discretion; and


(r) grant us an irrevocable, perpetual, non-exclusive, fully paid, nationwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing.


The reviews and ratings that You provide do not reflect the views of MCC, its officers, managers, owners, employees, agents, designees or other users. In addition, MCC retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. MCC may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if You breach or fail to comply with any of the terms and conditions of this Agreement. Additionally, MCC may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.


12. DISCLOSURE OF INFORMATION


MCC may make Your identifiable information, account information and the Content available to our employees and third parties with whom we contract for use to handle Your account. In addition, MCC may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about You and MCC users to advertisers, Service Providers and other third parties. You agree that MCC may make such uses of information You provide or MCC collects.


You agree that MCC may access, preserve and disclose Your account information, any information provided by You to MCC, including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if in good faith, MCC believes that such access, preservation or disclosure is reasonably necessary to:
(a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena;
(b) enforce this Agreement;
(c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of MCC, its users and/or the public.


As MCC continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.


13. TERM AND TERMINATION


If MCC deems it necessary, in its sole discretion, MCC may immediately terminate this Agreement, Your account and Your access to the Service. Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.


14. MODIFICATION OF TERMS AND CONDITIONS


MCC will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.militarycostcutters.com). MCC will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.


15. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE


MCC reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that MCC will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that MCC may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that MCC has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that MCC has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


16. DELAYS


The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic/mobile communications. MCC is not responsible for any delays, failures or other damage resulting from such problems.


17. COPYRIGHT MATERIALS


Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website and mobile application, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the "Copyright Materials") are the exclusive property of MCC and/or its licensors and are protected by all United States copyright laws.


18. WARRANTY DISCLAIMER


You understand and agree that THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT MCC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. MCC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR MCC COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.


18. LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM:


(A) THE USE OR INABILITY TO USE THE SERVICE;


(B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE;


(C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT;


(D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE;


(E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE;


(F) ANY OTHER MATTER RELATING TO THE SERVICE;


(G) ANY BREACH OF THIS AGREEMENT BY MCC OR THE FAILURE OF MCC TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR


(H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS).


THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.


In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.



19. INDEMNIFICATION


You agree to indemnify, defend and hold harmless MCC, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to MCC or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. MCC will have sole control of the defense of any such damage or claim.



20. NOTICE


You agree that MCC may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to MCC will be provided by sending an email to support@militarycostcutters.com.


21. ENTIRE AGREEMENT


This Agreement governs Your use of the Service and constitutes the entire agreement between You and MCC. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and MCC regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties toMCC under this Agreement.


22. PROVISIONS REMAINING IN EFFECT


In the event Your membership with MCC is terminated or You are no longer a user of MCC, certain provisions of this Agreement will continue to remain in effect.


23. JURISDICTION AND VENUE


Venue, or the place in which you may bring a law suit, for disputes about this Agreement, use of the Site, or use of the Materials or for claims and based on the subject matter of this Agreement shall be in the State District Court of Sedgwick County, Kansas, or the United States District Court for the District of Kansas in Wichita, Kansas. By using this Site and the Materials you agree to such jurisdiction and venue, and you give up the right to select venue in any other forum.


24. MISCELLANEOUS


This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of MCC rights if MCC fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and MCC agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and MCC as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.


IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.