Terms of Use for Combined Arms’ Services

These Terms apply to users of the Platform (collectively, “you,” “your”).  Our goal is to foster and perpetuate a collaborative culture between you and veteran service organizations (the “Participating Organizations”). You may search for Participating Organizations on the Platform. In response to your search, we may recommend a list of Participating Organizations. We then match you with a Participating Organization, together with providing a range of associated services.

These Terms govern your use of the Platform. Please read these Terms carefully as they impose legal obligations on you and us. By accessing or using the Platform, or otherwise clicking “I accept” when signing up, you acknowledge and agree to be legally bound by these Terms.

Based on your agreement to comply with these Terms, we grant you the right to access and use, on a non-commercial and informational basis only, the Platform and Platform Content (as defined below) in order to: (i) learn more about CAX and the Participating Organizations; (ii) provide information to us through the Platform; (iii) run searches and obtain recommended matches via the Platform; (iv) contact the Participating Organizations; (v) [HA(X1] download and print pages on the Platform; and (vi) otherwise use or benefit from our services (collectively, the “General Permitted Purposes”). We strictly prohibit use of the Platform for any purpose other than the General Permitted Purposes.

Other than User-Generated Content (which is licensed pursuant to Section 8.1 (Grant of Rights in User-Generated Content)), as between the you and us, all information, software, artwork, trademarks, text, video, audio, pictures, logos, and other content on the Platform, including all associated intellectual property rights (collectively, the “Platform Content”), are the property of CAX and its licensors, including the Participating Organizations, are protected by U.S. and international copyright and other intellectual property laws, or are used under principles of fair use. CAX and its licensors, including the Participating Organizations, retain all rights, title, and interest with respect to the Platform (including Platform Content) except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material available through the Platform unless specifically authorized by these Terms or in writing by CAX.

Selection of Participating Organization. We provide a directory of Participating Organizations on the Platform. You can select one or more based on your interests or needs. Our directory includes ratings and reviews of Participating Organizations created by other users, when available. 

We use reasonable efforts to vet the credentials of listed Participating Organizations. We are not responsible for, and do not endorse, the services of any Participating Organizations that we recommend. You express your interests and CAX proposes matches to Participating Organizations based on those interests. We do not guarantee the Participating Organizations are capable of satisfying your needs. The Participating Organizations are not our employees or agents. We are not agents of any Participating Organizations.

We may inform you of certain offers or discounts provided by a Participating Organization. Such offers or discounts are made solely by the Participating Organization. We do not guarantee or warrant the discounts or quotes made by a Participating Organization. Any offers or quotes provided by Participating Organizations on the Platform are not contractually binding on us.

7.1. Grant of Rights in User-Generated Content. 

By providing User-Generated Content, and subject to your rights in Personal Information (as this term is defined in our Privacy Policy (located at https://www.combinedarms.us/privacypolicy)), you authorize us to copy, modify, display, distribute, use, and otherwise exercise applicable rights in the User-Generated Content without compensation to you, and for so long as we deem warranted (collectively, the “Use Rights”). In addition, you similarly authorize us to permit third-parties to exercise these Use Rights. By way of example, the Use Rights include the right for us to publish User-Generated Content on the Platform in whole or in part, and whether cropped, adopted, altered, edited, or otherwise manipulated.

7.2. Requisite Permission for Providing User-Generated Content. 

By providing User-Generated Content, you warrant that you own such User-Generated Content (including any copyright and other intellectual property rights therein), or that you have rights in the User-Generated Content sufficient to provide the Use Rights.

7.3. User-Generated Content Containing Personal Information. 

If you provide User-Generated Content that includes Personal Information, other than by means of a forum or other area open to the public, we will treat such User-Generated Content in accordance with our Privacy Policy.

7.4. Right to Decline User-Generated Content.

We expressly reserve the right to refuse to use (or to disable or remove) User-Generated Content that for any reason, including if we conclude, in our sole discretion, that such User-Generated Content violates these Terms or our Privacy Policy, or is incompatible with the purposes of the Platform or our operations.        

7.5. User Ratings.

We may permit users to post ratings and reviews of Participating Organizations.  CAX is not responsible for the content of the ratings.

By using the Platform, you agree to comply with these Terms, and to follow our Code of Conduct, which is set out below. Under this Code of Conduct, you shall not:

·       Use the Platform for purposes that, in CAX’s judgment and sole discretion, are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms;
·       Use the Platform in a manner that could disable, overburden, or impair the Platform or interfere with another party’s use and enjoyment of the Platform, such as through sending “spam”;
·       Seek to obtain access to any Platform features, materials, accounts, or information through hacking, data harvesting, data mining, or through other means we have not intentionally made available to you through the Platform; or
·       Infringe CAX’s or any third-party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.

We reserve the right at any time to terminate or suspend your use of some or all of the Platform immediately without notice if you engage in activities that we conclude, in our sole discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

The Platform may contain links or references to other websites, including of the Participating Organizations. We have no control over these other websites or their content and do not assume responsibility or liability for any content, opinions, or material available on them. We do not endorse the content of any third-party website and are not responsible for the performance, functionality, or other attributes of such third-party websites, including of the Participating Organizations.

THE PLATFORM IS PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY, AND ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAX AND ITS LICENSORS AND SERVICE PROVIDERS, INCLUDING THE PARTICIPATING ORGANIZATIONS, DISCLAIM: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE PLATFORM, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL CAX OR ITS AFFILIATES OR THEIR LICENSORS OR SERVICE PROVIDERS, INCLUDING THE PARTICIPATING ORGANIZATIONS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE PLATFORM. IN NO EVENT SHALL CAX’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE PLATFORM EXCEED TEN DOLLARS ($10.00).

You agree to defend, indemnify, and hold CAX and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any damages, expenses, costs (including reasonable attorneys’ fees), or other liability to third-parties (including Participating Organizations) arising from or related to your breach of these Terms or a claim that User-Generated Content or other material that you provide to us violate the rights of a third-party.

You agree that we have the right and discretion to monitor any activity and content associated with the Platform. We may investigate any reported violation of these Terms or complaints relating to the Platform, and may take any action that we believe is appropriate including, but not limited to, removing materials from the Platform and terminating/suspending your access to the Platform. We also may report to law enforcement authorities or other appropriate parties, behaviors that we suspect may be harmful to yourself or others, as necessary, and within our sole discretion.

We may modify these Terms from time to time at our discretion. If we modify these Terms, then such modifications shall take effect proactively, upon your subsequent access to the Platform. You may print out a copy of these Terms for your records.

These Terms shall not be assignable by you, either in whole or in part. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.

These Terms shall be governed in all respects by the laws of the State of Texas, USA, without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in, the state and federal courts located in the judicial district that includes Houston, Texas. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You agree that in the event that you have any right, claim, or action against visitors, other users, or Participating Organizations arising out of or related to the Platform, then you will pursue such right, claim, or action independently of, and without recourse to, us.

We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Platform or any other activity taking place on the Platform constitutes infringement of a work protected by copyright law, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”) to respond to such concerns, as follows:

Attn: Combined Arms Copyright Agent[HA(-X2]

Address: 2929 McKinney, Houston, TX 77003

Phone: 1-888-737-3112

Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.

These Terms may be translated into languages other than English (collectively, “Translations”). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either these Terms or the Translations shall be conducted in English, and the English version of these Terms shall control over the Translations.

In addition to any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms, the following provisions shall survive the termination or expiration of these Terms and shall apply indefinitely: (i) Section 4 (CAX Ownership; Reservation of Rights); (ii) Section 8 (User-Generated Content); (iii) Section 9 (Code of Conduct; Revocation or Suspension of Use Privileges); (iv) Section 11 (Disclaimers); (v) Section 12 (Limitation of Liability); (vi) Section 13 (Indemnity); (vii) Section 17 (General); (viii) Section 21 (Survival); and (ix) Section 23 (Complete Agreement).

We welcome your feedback or suggestions. If you have suggestions or concerns, or questions about these Terms, please contact us.

These Terms must be read in conjunction with our Privacy Policy and the provisions of our Privacy Policy are incorporated herein. To the extent that these Terms conflict with the Privacy Policy, the terms of the Privacy Policy shall control. Please note that, except as expressly stated otherwise, these Terms only apply to your use of the Platform.

The effective date of these Terms is April 1st, 2024.