AW2 TERMS OF USE / TERMS OF SERVICE
V1.0 Last Updated: 1 Feb 2007
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Welcome to the AW2 portal, which is provided by the United States Department of Defense, Department
of the Army /Human Resources Command/Wounded Warrior Program (WWP). These Terms of Use / Terms of Service govern your use of the websites, content, software and services offered through AW2 (collectively, “AW2”). YOUR AFFIRMATIVE ACT OF USING AW2 SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE AND TERMS OF SERVICE, THAT YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED ON THE AW2 PORTAL LOGIN SCREEN, AND THAT YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY.
CHANGES TO THE TERMS OF USE
WWP may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located on the AW2 portal login screen. You are responsible for checking these terms periodically for changes. If you continue to use AW2 after WWP posts changes to these Terms of Use, you are signifying your acceptance of the new terms. These terms are in addition to all applicable DoD regulations. If a conflict between these terms of use and a DoD regulation arises, the DoD regulation supersedes. The invalidation of a specific clause of these terms does not affect the rule and force of all remaining terms.
REGISTERED USERS
Services are available only to registered users of AW2 and require you to sign in with a login name and password in order to use them. AW2 consists of the AW2 Portal, AW2 Forums and BLOGS, AW2 Services and other content and offerings from AW2’s interface partners. Services and other interface partners may from time to time be added to AW2 without notice. AW2 is not responsible for the content or dealings that you may have with any third party if you use your login credentials to access their Web sites and services. Your actions on such third party websites are governed by the terms of use established by the controlling third party.
ADDITIONAL TERMS
Certain areas of AW2, such as sites where you can upload or download files, may include additional usage guidelines, rules and agreements that will supplement these Terms of Use. By using those services on AW2, you agree to comply with such guidelines and rules and to complete any additional documentation required for such access. Access to AW2 and the ability to login to the portal does not automatically grant access to all areas of information available through AW2. AW2 may create and disseminate information to a specific audience within its membership without incurring any obligation to make such information generally available at any future time.
ELECTRONIC DELIVERY POLICY AND YOUR CONSENT
You agree that WWP may provide to you required notices, agreements and other information concerning AW2 electronically. In addition, WWP may post notices on the home page of AW2 or on Army Wide Announcements or on the relevant web page of the applicable service. You agree to assume responsibility for reading and complying with notices so posted.
CHANGES TO AW2
WWP may discontinue or change any service or feature on AW2 at any time and without notice. AW2 may terminate the display or availability of any content available through AW2 without notice at any time in its sole discretion without obligation to replace such information.
YOUR RESPONSIBILITIES
You may not submit or transmit through AW2 any material, or otherwise engage in any conduct that:
a. violates or infringes the rights of others including, without limitation: patent, trademark, trade secret, copyright, publicity or other proprietary rights;
b. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of: sexual acts, bodily waste functions, criminal activity or the intent to commit any of the above;
c. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d. impersonates any person, business or entity, including AW2 and its employees and agents;
e. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
f. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
g. violates these Terms of Use, guidelines or any policy posted on AW2;
h. violates WWP regulations, or
i. interferes with the use of AW2 by others.
You may not use AW2 in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of AW2. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or by any other means. You may not use AW2 in a manner that would hide your true identity or otherwise permit anonymous access. You will
not use AW2 to gain access to other government or WWP sites that you would not otherwise have access to.
NO SPAM
You may not use AW2 or any provided communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use AW2 to violate the terms of this section. We may terminate your access or use of AW2 immediately and take any other legal action if you, or anyone using your access to AW2, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
PROPRIETARY RIGHTS
AW2, its content providers and interface partners who post text, messages, information, software, images, audio and video ("Content") on AW2, own the property rights to that Content, and such Content may be protected by DA and DoD regulations and other proprietary rights. AW2 users may not copy such Content and claim or exercise any ownership rights over that Content, and may not further publish or distribute that Content without permission from the content provider. AW2 users should not post, publish, or distribute Copyrighted material on AW2 without the written or electronically conveyed permission of the copyright owner. In addition, any posting of copyrighted material, for which permission has been obtained, should carry attribution for the source of the material.
LICENSE TO USE AW2
In consideration for your agreement to the terms and conditions contained here, AW2 grants you a personal, non-exclusive, non-transferable license to access and use the Sites. You may use AW2 and the Content offered on AW2 only for personal, non-commercial purposes or in support of the United States Government or Department of Defense business. You may use Content offered for downloading, such as photos and documents, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content to frame any portion of AW2 or Content, or to reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
CONTENT YOU POST
Certain areas of AW2 may allow you to post Content that can be accessed and viewed by others. You may post Content to areas on AW2 that you have created or to which you have permission to post; however, you may not post Content that violates these Terms of Use / Terms of Service. We do not claim ownership of any personal Content that you may post; however, by submitting Content to AW2 you grant us a security interest in such content and therefore understand that it can be reviewed, reversed engineered or otherwise examined at our discretion.
NO DUTY TO MONITOR
You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. The text and other material of Content provided by others may represent the opinion of the specific author and are not statements of advice, opinion, or information of the Department of the Army (DA), DoD or the United States Government. If you feel you might be offended by the content of the Sites, you should not continue to access the offending Sites.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on AW2 in a way that constitutes copyright infringement, you may notify the AW2 help desk.
USE OF FORUMS AND CHAT ROOMS
Sites may include unmediated forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of these Sites, nor the references to other web sites made in these forums are screened, approved, reviewed or endorsed by the DA.
INDEMNIFICATION
You agree to indemnify and hold WWP, DA and the United States Government harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms, your use of this Site or your placement of any content onto a Site that does not conform to DoD or WWP regulation or these Terms, and; to fully cooperate in WWP’s or the United States Government’s defense against any such claims.
TERMINATION
If you use this site, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are a full or administrative account holder, these same responsibilities apply to all accounts that you sponsor. Your right to use AW2 automatically terminates if you violate these Terms of Use /
Terms of Service or any rules or guidelines posted in connection with AW2. We reserve the right, in our sole discretion, to terminate your access to all or part of AW2, for any reason, with or without notice.
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