Support Our Troops, Inc., a non-profit corporation, maintains this website ("Site") for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain any and all copyright and other propriety notices contained in the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, without the prior written permission of Support Our Troops, Inc. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior written permission of Support Our Troops, Inc., unless otherwise expressly stated in a specific place in the website (such as link art and media kits). Authorized users may download certain graphics and software packages for agreed uses and purposes.
You should assume that everything you see or read on the Site is copyrighted, protected by common law intellectual property rights, or subject to trademark protection, and may not be used except as provided in these Terms or in the text on the Site without the prior written permission of Support Our Troops, Inc., unless otherwise expressly stated in a specific place in the website (such as link art and media kits). For the sake of its beneficiaries, Support Our Troops, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
If you do not wish to enter this Site.
If you do not wish to enter this Site and subject yourself to these Terms, but require some other form of assistance regarding this Site, you may forward any questions that you have about this Site or these Terms to:
Support Our Troops, Inc.
P. O. Box 70Daytona Beach, FL 32115-0070
Your access to and use of the Site is also subject to these Terms. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms, and acknowledge that any other prior agreements between you and Support Our Troops, Inc. are superseded and have no force or effect.
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is Support Our Troops, Inc's policy not to permit materials known by Support Our Troops to be infringing to remain on the Site. You should notify Support Our Troops, Inc. promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third party copyright. Upon Support Our Troop Inc's receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), Support Our Troops. Inc. will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please contact Support Our Troops, Inc. at the contact address listed on this page regarding any copyright infringement notices. It is Support Our Troop Inc's policy to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.
While Support Our Troops, Inc. uses reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to its accuracy. Support Our Troops, Inc. assumes no liability or responsibility for any errors or omissions in the content on the Site.
At Your Risk.
Your browsing and use of the Site is at your risk. Neither Support Our Troops, Inc. nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
While we use reasonable efforts to include accurate and up-to-date information on the site, you expressly understand and agree that: Your use of our website is at your sole risk; The site is provided on an "as is" and "as available" basis; We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement; nothing in this Agreement is or will be construed as a warranty or representation by us to you as to the marks. We make no representation or warranty that: the site will meet your requirements; the site will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the site will be accurate or reliable; errors in any software used on the site will be corrected. No advice or information, whether oral or written, obtained by you from us or through or from the site will create any warranty not expressly stated in these Terms. There are no express or implied warranties of merchantability or fitness for a particular purpose. Except as expressly set forth in this Agreement, we make no representations and extends no warranties of any kind, either express or implied. No one is authorized to make any other warranties on behalf of Support Our Troops, Inc., or modify this warranty. We will not be liable for any abnormal usage, use or application for which the goods or service is not intended.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. Support Our Troops, Inc. also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, including, but not limited to, data, text, images, video, or audio from the Site.
Nature of Communication.
Any communication or material you transmit to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. Anything you transmit may be used by Support Our Troops, Inc. or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting without liability or compensation. Furthermore, Support Our Troops, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information without liability or compensation, unless a written agreement reserving rights to you is signed between you and us prior to the disclosure or transmittal.
Support Our Troops, Inc. has not reviewed websites which may from time to time link to the Site and is not responsible for the contents of any off-site pages or any other websites linked to the Site. Your linking to any other off-site pages or other websites is at your own risk, and subject to the "At Your Risk" paragraph of these Terms.
Support Our Troops, Inc. may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically re-visit this page to review the then current Terms to which you are bound. They may be different on subsequent visits to this Site.
You assume all responsibility for use of the Site. You waive all claims against Support Our Troops, Inc. its managers, members, owners, employees, suppliers, retailers, vendors and software programmers that may arise from the utilization of the Site.
Accuracy of Information.
While all reasonable attempts are made to ensure the accuracy of the information found in the Site, neither Support Our Troops, Inc. nor its information contributors can be held responsible by you for the accuracy of the information. Support Our Troops, Inc. makes no express or implied warranty as to the accuracy or merchantability of content or programming.
You agree that you will not undertake any action that imposes an unreasonable or disproportionately large load on our Site infrastructure, or harms our website in any way and indemnify us (including attorney's fees) against same.
You agree to indemnify and hold us, our licensors, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand at law or in equity, including without limitation, any and all actual and consequential damages, lost profits, bodily injury, death, property damage, including reasonable attorneys fees, made by any third party due to or arising out of your use of this Site or breach of these Terms.
Goodwill. You acknowledge the value of goodwill associated with the marks listed herein and appearing on the Site, and agree that we,D-GEN and/or SOTF, respectively, are respectively the sole owner(s) of such goodwill. Any goodwill generated as a result of use of the marksby you will inure to the benefit of us, D-GEN, and/or SOTF, respectively.
Trademark Ownership. You acknowledge that Support Our Troops, Inc. (SOT)Support Our Troops Foundation, Inc. (SOTF), and/or D-Generation, Inc. (“D-GEN” and SOTF beingthird party Licensor beneficiaries without recourse, and theirassigns without recourse) respectively own the marks as defined herein, and you recognize their substantial value and associated goodwill. You will not alter, modify, dilute, or misuse the marks, bring them into disrepute, or challenge the rights of SOT, SOTF,or D-Gen in them. Your rights under this Agreement shall not alter your obligation to honor common law and tradenames and copyrights of Support Our Troops, Inc. SOTF, or D-Gen, and furthermore, transmittal of information to you in this Site or anything hereunder, shall at no time be considered a publication, sale, or offer to sell under copyright, tradename or common law.
Affirmation of Marks. You acknowledge the ownership by Support Our Troops, Inc., its Licensors or assigns, of the trademarks listed or shown on this Site or in any contract entered into via the Site or otherwise between us, whether or not the marks is yet registered, under common law and by contract, and you agree that you will do nothing inconsistent with such ownership, and that use of the trademarks by you shall inure to the benefit of Support Our Troops, Inc. or its licensors or assigns. As a matter of contract, you acknowledge and agree by law and by contract that Support Our Troops, Inc.,SOTF, and D-GEN, respectively, in all products in all classes and as an object at the federal level and in all fifty states respectively own(s) the following trademarks names and associated goodwill, and you agree not to do anything inconsistent with that ownership, will not attempt to register them or any modifications of or evolutions of them, and will cooperate with Support Our Troops, Inc.'s,SOTF'S or D-Gen's efforts to protect, defend or procure registration of the design marks and word marks for the benefit of thetroops and their families: SOT®; Support Our Troops®, Support Our Troops Inc.®; Support Our Troops Foundation®; Support Our Troops®; Salute Our Troops; Support Our Heroes®; Salute Our Heroes®; Support Our Soldiers; Salute Our Soldiers®; Heroes Fund®; Support Our Troops Fund®; Heroes; Salute; Save Our Troops®; Save Our Soldiers®; Support Our Troops Official Product®; Support Our Troops Official Brand®; Support Our Troops Brand®; Genuine Brand Support Our Troops Apparel®; Support Our Troops Genuine Brand®; Official Support Our Troops Product®; SupportThem®; SupportOurTroops.com®; Support Our Troops Fund®; Support Our Troops Foundation®;SOT®; Seal of Assurance; X-Ribbon; XMagnet;X-Ribbon; XMagnet; X-Sticker; XSticker; The Blue Star; The Yellow Ribbon; the yellow ribbon as an thing or object in all shapes and configurations when used in relation to the military; all word marks and graphic marks posted on the BrandList on this Site or otherwise used by SOT. You agree to sign a single sheet acknowledgment of this at any time, and irrevocably appoint SOTand SOTF severally as your attorney-in-fact to do so without notice and without recourse. You agree not to seek or claim a copyright on artwork which incorporates the marks, on the above or similar trademarks, or proprietary matters. You agree that your information as provided by you may be used to create a one sheet trademark ownership confirmation listing the foregoing which may be used and filed of public record, and agree to stand by that document.
Protection of SOT's Interest.
Non-Competition. It is important to protect the interests of SOT and its ability to act for the troops and their families. Therefore, in fundamental consideration for the opportunity to view the information presented in the Site, and the opportunity to evaluate the information therein, or enter into any contract via the Site or otherwise between us, you contractually agree that you will not either now or any time in the future, for free or for direct or indirect gain or compensation, do the following for yourself or another within the fifty states regarding the marks listed in the Proprietary Matters section of these Terms: (1) compete against us in any manner employing the same; (2) employ or utilize the same except in a relationship with us; (3) supply the same to unauthorized persons; (4) create or utilize any competitive accreditation service similar to the Seal of Assurance; (5) sell goods or offer services using any other of themarks unless agreed to in writing by us.
Any legal notices to us by you shall be given only by postal mail to our address stated above. Given the number of persons with which we must communicate, it is our express intent not to incur any expense associated with delivery of physical notices to you. Notice by us for all purposes may be communicated in any electronic form, including without limitation, automated telephone dialers, email, or posting on this website. Use of this website constitutes irrevocable acceptance by you to receive any notices from us by electronic transmission. We may elect, in our sole discretion, to give you written notice by different or additional means. Electronic notice is effective when (a) actually transmitted by electronic mail, if correctly directed to the last known electronic mail address, or (b) posted on the Site or an electronic network that you have consented to consult, or (c) correctly transmitted to you, if by any other form of electronic transmission consented to by you. It is your responsibility to notify us of any change of electronic address, and notice is effective if given to the last known electronic address provided by you whether or not correct and current. Our responsibility is met by sending it to the last known electronic contact point, and we have no duty to investigate should it bounce.
Waiver of Right to Jury Trial.
YOU KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR USE OF THISSITE, YOUR INTERACTION WITH ANY OF THEPARTIES NAMED HEREIN, OR THE ISSUES RAISED BY ANY SUCH DISPUTE.
Arbitration of Disputes.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING AN CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN THE ABSENCE OF THIS ARBITRATION AGREEMENTS, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED EXCEPT AS OTHERWISE PROVIDED BELOW. ALL THOSE RIGHTS ARE WAIVED.
Any controversy not settled between us including without limitation those arising out of or relating to this Site, these Terms, goods and services presented herein, subsequent agreements into which we may enter via this site or by other means, shall be determined by binding arbitration conducted in Florida in accordance with the Florida Arbitration Code as amended. These matters shall without limitation include: formation of our agreement under these Terms; failure or refusal to perform the agreement in whole or part; all rights, claims, damages, demands, actions, causes of action, in law, equity, tort, or contract; issues regarding the scope of or waivers of the arbitration agreement; matters arising during or after your Site visit; all addenda, purchase orders, subsequent agreements, modifications, or dealings arising out of or related to the aforesaid; inability of the parties to agree as to the effect or interpretation of any term or provision of the Site, these Terms, or the goods and services contained herein; issues concerning the, meaning, intention, interpretation, performance or enforcement or validity of the terms of these Terms.
This binding arbitration provision applies to any and all claims as aforesaid that you have against us, our subsidiaries, affiliates, licensees, licensors,successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you; it also includes any and all Claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part.
This arbitration agreement will survive: (i) termination or changes in these Terms, and the relationship between you and us concerning these Terms; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this arbitration agreementis deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
Regardless that these Terms were initially drafted by SOT, you and we agree that any ambiguity herein shall not be construed by the parties, arbitrator, or any court against SOT, SOTF, or D-Gen,because your entry into and use of the Site and them is entirely voluntary, and you could have chosen not to enter the Site and subject yourself to them.
Governing Law and Venue.
This Agreement situs is established in the State of Florida in the United States of America. You and we stipulate that all claims, causes of action at law, equity or tort arising out of these Terms or any agreement incorporating them, your visit to this Site, goods or services contained herein, and all questions concerning the meaning, intention, interpretation, performance or enforcement or validity of these Terms and any Agreement into which they are incorporated or which arises out of your visit to this Site, shall be judged and resolved in accordance with the laws of the State of Florida and applicable federal law and venue for all such matters and the determination of venue shall be in the State of Florida, Volusia County. No action or proceeding may be brought in any other jurisdiction.
These Terms constitute the entire agreement between you and Support Our Troops, Inc. and all prior and contemporaneous oral and written statements, promises, agreements, and understandings are incorporated herein, and no such agreements or representations are binding unless set forth herein. Other agreements on this site may supplement this agreement. Other agreements entered into between you and us , may incorporate these Terms by reference in which case they apply generally to that agreement and not only to use of this website.
Corporate Entity; Release.
You acknowledge and agree that you are dealing with a corporate entity, Support Our Troops, Inc., and that the persons who represent that corporation act on behalf of that corporation in their corporate capacities and not in their personal capacity. This provision is fundamental to your interaction with Support Our Troops, Inc. in all manner. Therefore, in consideration for entering this Site, utilizing the products and services presented in the Site, or entering into any other agreement with Support Our Troops, Inc. you release and discharge the corporation's officer, directors, shareholders, employees, suppliers, and software programmers of and from any and all rights, claims, damages, demands, actions, causes of action, or suits in equity, of whatever kind or nature, and whether accruing now or in the future, and whether known or unknown to the parties, arising out of or relating to your use of this Site, the products and services presented in or obtained through this Site or offered by Support Our Troops, Inc., or any contract entered into with Support Our Troops, Inc. Without limitation, this release as to individual liability extends to the following grounds: failure to clearly indicate a corporate capacity; failure to observe corporate formalities; corporate capitalization; non-filing of an Annual Return or Uniform Business Report with the Florida Secretary of the State; treating the corporation and an officer of director interchangeably or as an alter ego; tort; indemnification.
Language of Construction. This Agreement is written in American English, and American English will be the language employed to construe this Agreement and resolve any conflict or unclarity herein.
Headings. The headings above the various provisions herein are to make it easier to locate the subject matter covered by various provisions, and are not to be used in ascertaining or construing the intent of the Terms or the substantive content of a paragraph.
Waiver of Default. No waiver by either of us of any default or breach of any term, condition or covenant of this Agreement will be deemed to be a waiver of any other breach of the same or any other term, condition or covenant contained in this Agreement. Further, the failure of either of us to exercise rights under this Agreement upon the breach of any of the provisions hereof will not constitute a waiver of such breach or prevent enforcement of strict compliance with any and all terms hereof.
Invalid Provisions. Should any provision of these Terms be, become, or be declared invalid, unenforceable, or illegal, the remaining provisions shall be and continue in full force and effect, and the invalid, unenforceable or illegal provision shall be construed to the maximum extent possible to effectuate its intent and the intent of the rest of the Terms.
Gender; Plural. The singular includes the plural, and the masculine includes the feminine, wherever necessary to effectuate the intent of this Contract.
Modification. No person, employee, agent, sales representative, distributor, or retail merchant has the authority to verbally or in writing modify, waive or alter these Terms. No change or modification of these Terms shall be valid unless the same herein posted on this website, or is set forth in a separate written document signed by a properly qualified officer of Support Our Troops, Inc. listed as a officer with the Florida Department of State (see www.sunbiz.org). No other person has the actual authority to modify these Terms, and all apparent authority to do so is hereby publicly disavowed.