Revised: 3/17/2017
THIS IS NOT AN OFFICIAL U.S. GOVERNMENT WEBSITE
This website has not been approved, endorsed, or authorized by the United States Federal Government, Department of Defense, any military service branch, or any agency thereof. The products, services, and information offered by the website are not being made by an agency of the United States Federal Government. No agency of the United States Federal Government has verified or confirmed the accuracy of information presented on this website, including, but not limited to, individual military service records and unit histories published here by participants in this website community.
Agreement ('Agreement') is between you and the Roll of Honor Foundation with a principal place of business at 3819 Hunt Manor Drive, Fairfax VA 22033. This Agreement shall apply to the following Roll of Honor Web site properties: Roll of Honor (hereinafter referred to as the 'Web site,' or the 'Site.') Your rights and obligations under this Agreement and in using this Site are not assignable. Your use and access of the Web site constitutes your acceptance, without modification, of the terms, conditions and notices contained herein. In addition, when using particular Roll of Honor Foundation services, you shall be subject to any posted guidelines, rules, and policies applicable to such services that may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference into this Agreement.
By using the Web site, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT THE TERMS THEREOF. Please read the following terms carefully. If you do not agree to the terms and conditions of this Agreement, you may not access, view, or otherwise use the Web site.
1. You acknowledge that upon registering and becoming a member of RollofHonor.org, you are automatically subscribed to receive notifications including but not limited to updates on your unit affiliation, community, or benefits.
2. You acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Web site under the supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to visit or otherwise use our Site.
3. 3. You agree to the terms and conditions of the Roll of Honor Foundation Privacy Policy hereby incorporated by reference, which details the ways in which we and other parties might use personal information that belongs to you. In accordance with this Policy, we may use information and materials received from you or collected through your use of our Site, and may disclose such information to third parties.
4. You are responsible for regularly reviewing this User Agreement. The Roll of Honor Foundation reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of this Agreement, in whole or in part, at any time, without prior notice.
5. You acknowledge that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify the Roll of Honor Foundation or its affiliates for all claims resulting from content you supply.
6. You shall not upload, email, post or transmit to, or distribute or otherwise publish through the Web site any material which: (i) disrupts the normal flow of dialogue and/or exchange on the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using and enjoying the Web site; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, hateful, embarrassing, pornographic, profane, sexually explicit, or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the local, state, or national laws of any country; (iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, trade secrets, or any other proprietary right; (v) contains a virus, worm, Trojan horse, or other harmful component; (vi) contains any information, software, or other material of a commercial nature; (vii) contains solicitations or advertisements of any kind; (viii) constitutes or contains false or misleading indication of origin or statement of fact; or (ix) contains chain letters or pyramid schemes.
7. We reserve the right to release information to the proper authorities, because of a violation of our standards or unlawful acts, if the information is subpoenaed and/or if we deem it necessary and/or appropriate. The Roll of Honor Foundation has the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion.
8. You acknowledge that you have read and understand Stolen Valor Act of 2013 (Public Law
113-12), signed into law on June 3, 2013, which broadened the provisions of previous U.S. law (U.S. Code,
Title 18, § 704) addressing the wear, manufacture, sale or claim (either written or verbal) of military decorations
and medals (the scope previously covered only the Medal of Honor).
This Law now clearly makes it a federal crime for an individual to fraudulently hold oneself out to be a recipient of
any of several specified military decorations or medals with the intent to obtain money, property, or other tangible
benefit.
Those who deliberately lie about military service, or claim decorations they did not earn, dishonor all who have truly stood in harm's way and actually earned military awards. Lies about service can cause real harm and lead people to doubt the veracity of claims made by people who actually served. The Roll of Honor will not accept untruthful or inaccurate representations of military service, and we review every profile before it is activated.
If anyone (another registrant or any one from the general public) notifies us and protests an individual registrant’s
qualification to display any element on his or her display page, that individual will be immediately notified and the
display of that individual’s record will be suspended until sufficient documentation is provided by the registrant
(e.g., authentic citation, DD Form 214, Report of Separation or copy of his or her military record from the
National Archives) to ascertain qualification
or until the registrant corrects the display, at which time suspension will be lifted and display restored. The
assumption is that an error may have been made during the registration process and the registrant should be given the
opportunity to make a correction or defend the profile display.
9. By creating or modifying a profiling page, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively 'Communications') to or through the Web site, you hereby grant to the Roll of Honor Foundation a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications throughout the world, in all media now known or hereafter developed. You hereby waive all rights to any claim against the Roll of Honor Foundation for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
10. You will be responsible for your own Communications and the consequences of posting or otherwise transmitting those Communications. The Roll of Honor Foundation does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by Web site users or endorse any opinions expressed by such users. The Roll of Honor Foundation may screen, monitor or approve Communications from our Web site users in advance. If we receive notification about a user regarding Communications which allegedly do not conform to this Agreement, the Roll of Honor Foundation has the right, but not the obligation, to investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. We have no liability or responsibility to users for performance or nonperformance of such activities. The Roll of Honor Foundation reserves the right to expel users and prevent their further access to the Web site for violating this Agreement or violating the law. We have the right, but not the obligation, to remove Communications that are abusive, illegal, disrespectful, disruptive, or otherwise problematic.
11. The Roll of Honor Foundation may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against the Roll of Honor Foundation in the event of a dispute arising out of this Agreement, the Site or your use thereof, is to terminate this Agreement by ceasing your use of the Site. In the event of termination of this Agreement, the Roll of Honor Foundation may delete and/or store, in its discretion, data associated with your use of the Site. The Roll of Honor Foundation may also change, suspend, or discontinue any aspect of the Web site at any time, including the availability of any Web site feature, database, or content.
12. The Web site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any liability arising from its accuracy and any duty or obligation to update this information or any other content.
13. The Roll of Honor Foundation makes no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the Web site. We make no guarantee of the accuracy, correctness or completeness of any information on the Site, and shall not be responsible for: (i) any errors of omission arising from the use of such information; (ii) any failures, delays or interruptions in the delivery of any content or service contained within the Web site; and (iii) any defamatory, libelous or unlawful material contained within the Site, including user Web pages, resumes, emails, profiles, opinions, advice, statements, memorandums or discussion board postings, or materials related to a users' use of the Site's features. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. You acknowledge that neither the Roll of Honor Foundation nor its Web site members, while such members are participating in the Site, are engaged in rendering legal, medical, counseling, or other professional services or advice. We encourage you to seek appropriate professional advice for any situation or problem that you may have. The Roll of Honor Foundation has the right, but not the obligation, to correct any errors or omissions in any portion of the Web site.
14. The Roll of Honor Foundation is not involved in any transaction between any parties who use our Site. There are risks that you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. It is extremely important that you use care throughout your dealings with other people on this Site. The Roll of Honor Foundation prohibits misleading or criminal actions, including but not limited to registering another email address other than your own. The Roll of Honor Foundation prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit or debit cards, calling card, user account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages, from any party, related to such exposure.
15. Gathering email addresses from the Web Site through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with the Roll of Honor Foundation should be directed to: info@rollofhonor.org.
16. YOU AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL THE ROLL OF HONOR FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ROLL OF HONOR FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM THE ROLL OF HONOR FOUNDATION’S NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, THE ROLL OF HONOR FOUNDATION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ROLL OF HONOR FOUNDATION WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ROLL OF HONOR FOUNDATION WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE ROLL OF HONOR FOUNDATION’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THIS SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
17. The links found on the Web site will let you leave our Web site and go to sites operated by parties other than the Roll of Honor Foundation. The linked sites are not under the control of the Roll of Honor Foundation, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Such links by the Web site to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Roll of Honor Foundation, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Roll of Honor Foundation or any of its affiliates, and any linked third party or their content. The Roll of Honor Foundation does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their Web sites. You should carefully review their privacy statements and other conditions of use.
18. By offering a number of third party products and services, including advertisements, on our Site, the Roll of Honor Foundation makes no warranties or representations of any kind as to the content or suitability of the subject matter of any Web site, product or service from any such third party business or individual. The Roll of Honor Foundation expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or Web site content of these and any other third parties, and you waive any claims against the Roll of Honor Foundation for damages arising from such transactions or your reliance upon statements contained therein. You will not consider the Roll of Honor Foundation nor will the Roll of Honor Foundation be construed as, a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS THE ROLL OF HONOR FOUNDATION LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE WEB SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.
19. The Web site makes user-generated homepages available to its users provided that they abide by the online behavior detailed in this Agreement. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. We have the right, but not the obligation, to deny the posting of material and to edit, remove, and use any material on our Site. You shall not impersonate someone else nor use deceptive nicknames that would lead people to believe you are a person, entity, or rank that you are not.
20. This Agreement shall be governed and constructed in accordance with the laws of the Commonwealth of Virginia without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Fairfax, Virginia.
21. Any cause of action you may have with respect to your use of the Web site must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
22. You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an 'Action') against the Roll of Honor Foundation and/or each of its affiliates, directors, officers, agents, employees or sublicensees, (collectively, the 'Indemnitee') to the fullest extent permitted by law arising out of or in connection with (1) an assertion that the information, content or other materials or services provided or made available by you or the use thereof may infringe any copyright or trademark rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under this Agreement; and (3) any content provided by you in a profile page (created or used by you) on the Web site, or statements made by you in the Site or through other media. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities and attorneys' fees incurred in defending and/or resolving such Action.
23. Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to the Roll of Honor Foundation, Attention Legal Department, 3819 Hunt Manor Drive, Fairfax, Virginia 22033.
24. This Agreement and our Privacy Policy contain the entire agreement between you and the Roll of Honor Foundation with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Roll of Honor Foundation with respect to this Site. Any rights not expressly granted herein are reserved.
INTELLECTUAL PROPERTY
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Web site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights as a collective work and/or compilation, pursuant to international conventions and U.S. and other copyright laws. The contents, and every part thereof, of the Web site are only for your personal, non-commercial use. You do not acquire ownership rights to any content, document, or other materials viewed through our Site. The posting of information or materials on the Web site does not constitute a waiver of any right in such information and materials. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on our Site. Any copying, republication, or redistribution of Web site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of the Roll of Honor Foundation and/or the respective intellectual property rights holder identified in the subject content or on the Licensing page.
The Roll of Honor Foundation respects the intellectual property rights of others and expects our users to do the same. The policy of the Roll of Honor Foundation is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Roll of Honor Foundation’s Counsel with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Roll of Honor Foundation’s Copyright Agent for notice of claims of copyright infringement on this Site is:
Corporate Counsel
Roll of Honor Foundation
3819 Hunt Manor Drive
Fairfax VA 22033
THIS IS NOT AN OFFICIAL U.S. GOVERNMENT WEBSITE
This website has not been approved, endorsed, or authorized by the United States Federal Government, Department of Defense, any military service branch, or any agency thereof. The products, services, and information offered by the website are not being made by an agency of the United States Federal Government. No agency of the United States Federal Government has verified or confirmed the accuracy of information presented on this website, including, but not limited to, individual military service records and unit histories published here by participants in this website community.