SDMAC Website Terms and Conditions

These terms and conditions (“Terms”) govern your use of this website by the San Diego Military Advisory Council (“SDMAC”). As used in these Terms, “Site” means the entirety of this website including all content, services, information, and any portions thereof. These Terms are a legal agreement, and your use of this Site constitutes your acceptance of the terms and conditions contained herein and SDMAC’s Privacy Policy incorporated herein by reference.  If you do not agree to these Terms or the Privacy Policy, you may not use this Site.

SDMAC reserves the right to withdraw or amend this Site, and any service or material provided on the Site, in SDMAC’s sole discretion without notice. SDMAC will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, SDMAC may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

The Site and Online Conduct
This Site contains information about SDMAC’s organization, services, news, and other content from SDMAC and third parties. Portions of this Site may also allow users to communicate or share information with SDMAC or others. You may use the Site only for lawful purposes and in accordance with these Terms. When using this Site, you understand and agree that:

• You will only use this Site as intended, and will not use this Site in any way that violates any applicable federal, state, local, or international law or regulation.
• You will not disrupt, interfere, infect, or alter (or attempt to do any of the foregoing) the Site in any way.
• While using any forums or other social networking tools, you will conduct yourself appropriately and communicate with other users professionally and respectfully.
• You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website.
• You must not use this website to transmit or send unsolicited commercial communications.
• You may not obstruct, remove, or otherwise alter any proprietary rights, compliance, or other notices that may be provided with the content or services on the Site.
• You will ensure all persons who access the Site through your internet connection are aware of these Terms and comply with them; and
• SDMAC may, at any time and for any reason, terminate or block your access to this Site, or remove or alter the Site (or any portion thereof).

You may create an online user profile consisting of a username, password, and other information that you provide. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. Any personal information you provide will be subject to SDMAC’s Privacy Policy, and you consent to all actions SDMAC takes with respect to your information consistent with SDMAC’s Privacy Policy.

You understand and agree that you are solely responsible for maintaining the privacy and security of your usernames and passwords, and for any activity associated with your online user profile. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. In the event that your username and password are compromised, or you are aware of any unauthorized activity being conducted with your user credentials, you agree to immediately notify SDMAC.

Intellectual Property
You understand and agree that SDMAC or its licensors holds all right, title, and interest to the Site and all intellectual property, material, content, features, or services provided through the Site, and the design, selection, and arrangement thereof. The foregoing applies regardless of (i) the form of intellectual property, (ii) how it was provided to you, or (iii) your geolocation.

You understand and agree that you may only use the content available on this Site as provided to you through the Site unless otherwise expressly provided by SDMAC. You may not copy, modify, create derivative works from, distribute, reverse engineer, alter, decompile, or republish any content or intellectual property contained in or provided through this Site without SDMAC’s prior written consent. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at SDMAC’s option, return or destroy any copies of the materials you have made. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

SDMAC maintains trademarks, service marks, logos, domain names, and other branding material for its organization and services, and has a strong interest in maintaining the integrity of its intellectual property and brand. You understand and agree that you will not use any SDMAC trade or service mark, whether or not such marks are registered, without the prior written consent of SDMAC.

Privacy
The protection of your information privacy and security is important to SDMAC. Please review SDMAC’s Privacy Policy to better understand how we collect, protect, and use your information. Additionally, SDMAC may collect and use information about the general use of this Site to improve your experience, and better provide products and services. This may involve the use of cookies, which may be disabled through your Web browser.

Links to Third-Party Sites
This Site may contain links to third-party sites, including some operated by our business partners or clients. You understand and agree that SDMAC has no control over these third-party sites and that SDMAC is not liable for any damages, losses, or expenses that you may incur while using third-party sites. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You further understand and agree that any links, references, logos, or news relating to third parties does not constitute an endorsement of an advertisement for, or partnership with any such third party.

Additional Terms and Conditions
SDMAC may host additional Web sites (or portions of this Site) or allow you to access additional services or content, some of which may be provided by third parties. These sites, services, and content may be subject to additional or modified terms and conditions. Any such additional terms and conditions will be provided or made available to you prior to or when accessing these sites, services, or content; and may be provided to you through a hyperlink, a click-through agreement, or other similar means. As with this Site, your use of other SDMAC Web sites, services, or content will constitute your continued acceptance of any additional or modified terms and conditions.

User-Provided Content
While using the Site, you may be asked to and may provide feedback, commentary, information, or other content (collectively, “User-Provided Content”) to SDMAC and other users. Any User-Provided Content you provide to SDMAC will be considered non-confidential and non-proprietary. You grant to SDMAC a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, display, and distribute any User-Provided Content provided through this Site; and acknowledge and warrant that you have the right and authority to provide such license to SDMAC. You understand and acknowledge that you are responsible for any User-Provided Content you submit or contribute, and you, not SDMAC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. SDMAC is not responsible, or liable to any third party, for the content or accuracy of any User-Provided Content posted by you or any other user of the Site. SDMAC has the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Termination of these Terms
These Terms will continue until either party chooses to terminate them. This may be done by (i) you at any time upon receipt by SDMAC of written notice of your termination and your ceasing to use and access the Site immediately; or (ii) SDMAC at any time upon notice to you. If you access or use the Site after providing notice to SDMAC, you are assenting to these Terms anew. Termination of these Terms by either party shall terminate any rights you may have to use any content provided through this Site. Further, any licenses provided to SDMAC to use User-Provided Content shall remain in effect unless otherwise agreed to in writing by the parties. Provision and termination of other online services may be governed by separate agreements.

Exclusion of Warranties for Your Use of the Site
You understand that SDMAC cannot and does not guarantee or warrant that files available for downloading from the internet or this Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to SDMAC’s Site for any reconstruction of any lost data. SDMAC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

SDMAC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, SDMAC DOES NOT WARRANT AND MAKES NO REPRESENTATIONS THAT THIS SITE (OR ANY PORTION THEREOF) WILL MEET YOUR NEEDS OR EXPECTATIONS; WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR; OR WILL INFORMATION THAT IS CURRENT, ACCURATE, OR SHOULD BE RELIED UPON. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations of Liability
IN NO EVENT WILL SDMAC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, PERSONNEL, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES INCURRED BY YOU, UNDER ANY THEORY OF LIABILITY AND HOWEVER IT MAY BE CAUSED, EVEN IF FORESEEABLE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL OR REPUTATIONAL HARM, DATA LOSS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGE OR HARM CAUSED BY INACCURACY OF THE DATA OR SERVICES PROVIDED (OR YOUR RELIANCE ON SUCH DATA OR SERVICES), CHANGES TO THE SITE, PERMANENT REMOVAL OF CONTENT FROM THE SITE (INCLUDING USER-PROVIDED CONTENT), OR BREACHES OF THESE TERMS BY YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify and hold harmless SDMAC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User-Provided Content, any use of the Site’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.

Changes to these Terms
SDMAC may, from time to time, change these Terms with or without notice to you. It is your responsibility to review the most current version of these Terms prior to use of the Site. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

General Legal Terms
These Terms and your use of this Site are subject to the laws of the State of California without regard to its conflict of law’s provisions. Any dispute arising from or related to these terms may only be brought in the courts located in San Diego, California. Although you may access this Site in other states or countries, your use of this Site still subjects you to the exclusive jurisdiction of these courts.

SDMAC may occasionally provide you notices about changes to this Site, including the services and content provided in it. Such notices may be provided via email, standard mail, or through the Site.

You also understand and agree no waiver by SDMAC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SDMAC or any SDMAC affiliate to enforce their rights under these Terms or at law will not be considered a waiver of such rights.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

These Terms and the SDMAC Privacy Policy constitute the entire agreement between you and SDMAC regarding your access and use of the Site and may be modified or changed only upon separate written agreement provided by SDMAC. These Terms supersede any previous terms, conditions, or agreements of the parties regarding the use of the Site.

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to admin@sdmac.org.

Revised July 4, 2023