Getyour kids offtheCouch.com
 
 

Terms & Conditions

This Agreement governs the use of the services (the "Service") offered by Stars & Stripes Kids Activity Center Inc. ("Stars & Stripes") at the www.GetYourKidsOffTheCouch.com Web Website (the "Website"). Please read these Terms of Use ("Terms of Use" or "Agreement") before using or continuing to use the Website. Use of the Website constitutes an agreement to all terms and conditions in this Agreement. By using this Website you represent, warrant, understand, agree to and accept all terms and conditions contained in this Agreement without modification by User. If you object to anything in this Agreement or the Privacy Policy, do not use the Website or the Service. The Terms of Use are subject to change by Stars & Stripes at any time, effective upon posting on the Website of a revised version, and your use of the Service after such posting, or your failure to terminate your account before the effective date of the revised version, will constitute acceptance by you of the revised version of the Terms of Use.

General Terms
Stars & Stripes Connects Service Providers and Service Recipients
www.GetYourKidsOffTheCouch.com is a communications platform for enabling the connection between individuals seeking services ("Service Recipients") and/or individuals seeking to provide services ("Service Providers")(collectively, "Users"). Users do hereby represent, understand and expressly agree that Stars & Stripes does not have liability for or control over the veracity of Users or the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Service Providers, nor of the veracity, integrity, responsibility or any of the actions whatsoever of the Service Recipients. All Users do hereby expressly agree not to hold Stars & Stripes (or Stars & Stripes' agents, assigns, representatives, advertisers or employees) liable for any instruction, advice, act, omission, or services delivered which originated through the Website and Stars & Stripes expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

Transactions
Users of the Website contract between themselves. In no way is Stars & Stripes involved in transactions for service services to be rendered by any User. If there are any issues concerning advice and/or service received or payment due, Users must deal directly with the other User to resolve any disputes. Stars & Stripes will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any Users. By using this Website, you do hereby represent, understand, and expressly agree to hold Stars & Stripes harmless for any claim or controversy that may arise from any disputes between Users of the Website. Stars & Stripes reserves all of its rights under the Communications Decency Act, including (without limitation) its right to remove material objectionable to Stars & Stripes. By using this Website, you do hereby agree to report any alleged improprieties of any Users to Stars & Stripes immediately by notifying Stars & Stripes of the same via electronic correspondence.

Public Areas
If the Website contains profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow a User to communicate with any other User, Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are lawful, relevant and proper to the applicable forum. Any usage of the Website by any User that Stars & Stripes finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Website. Stars & Stripes reserves the right to revoke or suspend the privilege of any user to use this Website at any time and at its sole discretion whether for any reason or no reason at all. Users agree not to: Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others. Publish post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information. Use the Website for any purpose which is in violation of local, state, national, or international law. Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party. Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another's computer. Advertise or offer to sell any goods or services for any commercial purpose on the Website which are not relevant to the services offered on the Website. Conduct or forward surveys, contests, pyramid schemes, or chain letters. Impersonate another person or allow any other person or entity to use User's identification to post or view comments. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited. Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Website. Restrict or inhibit any other User from using and enjoying the Public areas.

Eligibility Certification; User Obligations
ELIGIBILITY CERTIFICATION: By becoming or attempting to become a Service Provider or Service Recipient, or by using this website, every User certifies that the User meets and will continue to meet the following conditions for as long as the user uses the Website or service:
The User is at least 18 years old and is legally authorized to work within the jurisdiction of the United States; The User has not been convicted of a crime of any nature, including any felony or any misdemeanor of any kind, and has not been convicted of any sexual offenses; and
The User further represents that User is not currently out on bail or on User's own recognizance pending trial, relating to any felony or misdemeanor charges or sexual offenses of any kind.
Each User makes the above certification and agrees that (a) Stars & Stripes may rely on it as true, and (b) may change the conditions from time to time and require new certifications. Users acknowledge that Stars & Stripes does not have actual knowledge that the Eligibility Certification is true.
Service Providers and Service Recipients agree to make their own decisions and assessments about Service Providers and Service Recipients. Stars & Stripes does not independently verify that any or all of the Eligibility Conditions are met by any User.
If Stars & Stripes becomes aware that an Eligibility Condition is not met or appears not to be met, Stars & Stripes may terminate the User without notice or refund and each User agrees to make no further use of the Website or Service after termination. Stars & Stripes reserves the right (but does not undertake any duty) to take appropriate legal action, including without limitation, the pursuit of civil, criminal, and/or injunctive redress. Stars & Stripes hereby disclaims, and each User agrees Stars & Stripes shall have not have, any liability whatsoever for: (1) any inaccuracy of a User's Eligibility Certification or any information or inaccuracy in any background check report, other consumer report, identity report or other report from a Verification Service, or (2) misstatements and/or misrepresentations made by any User of this Website. Users hereby represent, warrant, and agree to indemnify, defend and hold Stars & Stripes harmless from and against the foregoing.

Links and Account Information
All Users do hereby agree to be the sole, authorized user of their account, and to be responsible for all use of their account. Stars & Stripes has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should any user suspect that any unauthorized party may be using their account, User does hereby agree to contact Stars & Stripes immediately. Links (such as hyperlinks) from Stars & Stripes to other websites on the Web do not constitute the endorsement by Stars & Stripes of those websites or their content. User acknowledges that these links are provided as an information service, for reference and convenience only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other websites. User acknowledges that Stars & Stripes does not control such websites, and is not responsible for their content, and that the existence of such links on the Website to such websites (including without limitation external websites that are framed by the Stars & Stripes Website as well as any advertisements displayed in connection therewith) does not mean that Stars & Stripes endorses any of the material on such websites, or has any association with their operators. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by Stars & Stripes Terms of Use and Privacy Policy. User agrees that User accesses such third-party websites at User's own risk. Stars & Stripes expressly disclaims any liability derived from the use and/or viewing of any websites or other material associated with links that may appear on this Website. All users do hereby agree to hold Stars & Stripes harmless from any liability that may result from the use of links that may appear on the Website.

Coppa Compliance
Stars & Stripes is intended for people 18 or older. We have also made an effort to specifically limit Stars & Stripes appeal to people of age 18 or older. Stars & Stripes will not knowingly collect any information from children under the age of 13. Stars & Stripes takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, Stars & Stripes does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User's registration for or use of the Website. We reserve our right to terminate without notice the membership of any User if we believe that the User has provided any false information to us when registering for or using this Website.

Non-Solicitation
The Website and Service may be used to find, select and connect with other Users for the purpose of receiving or providing services. The Website and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with Stars & Stripes without express written permission from Stars & Stripes. Should Stars & Stripes find that you violate the terms of this section or any terms stated herein, Stars & Stripes reserves the right to terminate your use of this Website at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Commercial Use Prohibition
The Website is for the use of individual Users only and may not be used in connection with any commercial endeavors (other than the a communications platform for enabling the connection between Service Recipients and/or Service Providers) without the express written consent of Stars & Stripes in advance. Organizations, companies, and/or businesses may only register as a Service Providers and may not use the Service or the Website for any illegal or unauthorized purpose, including (but not limited to) collecting usernames and/or email addresses of members by electronic or other means, unless express written permission from Stars & Stripes is obtained in advance. Stars & Stripes reserves the right to take appropriate legal action may be taken, including without limitation pursuing civil, criminal, and injunctive redress in the event that any User violates the terms of this section. Use of the Website is with the permission of Stars & Stripes. Stars & Stripes reserves the right to terminate your use of this Website at its sole discretion at any time.

Specific Terms and Conditions

Stars & Stripes is only a Venue.
Stars & Stripes is a communications platform for enabling the connection between Users. Stars & Stripes does not take part in the interaction between Users. Stars & Stripes does not have control over the quality, timing or legality of services actually delivered by its Users. Stars & Stripes makes no representations about the suitability, reliability, timeliness, and accuracy of the service provided by Users identified through the Website whether in public, private, or offline interactions. Due to the nature of the Internet and the difficulty of and restrictions on verifying individuals, Stars & Stripes does not confirm that each User is who they claim to be. Stars & Stripes does not assume any responsibility for the accuracy or reliability of this information or any information on this Website. Stars & Stripes does not assume and expressly disclaims any liability that may result from the use of any information available on or through the Website or in a background check report or other consumer report or identity report.

Release
In the event that you have a dispute with one or more Users, you release Stars & Stripes (and our officers, directors, agents, investors, subsidiaries, and employees) from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Information Provided by Users
Users are responsible for providing accurate, timely and complete information to Stars & Stripes in connection with their registration for and use of the Website. Stars & Stripes is not responsible for any claims relating to any inaccurate, untimely, or incomplete information, including but not limited to Eligibility Certifications, provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in Public Areas. Users hereby grant Stars & Stripes an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas. As set forth in Stars & Stripes Privacy Policy, any submissions to Public Areas will be public, and Stars & Stripes will not be responsible for the action of Users with respect to any information or materials posted in Public Areas.

Your Information
"Your Information" is defined as any information you provide to us or other Users through the Website. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information, you hereby represent and warrant to Stars & Stripes that Your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) shall not be obscene or contain child pornography or be harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for Stars & Stripes or cause Stars & Stripes to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable Stars & Stripes to use Your information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known. Stars & Stripes will also use Your Information in accordance with our Privacy Policy.

Billing and Payment Policy
Service Recipients are obligated to pay for the services of the Website, unless specifically notified otherwise. The price structure may change in the future, but Service Recipients lock into the term and price of the subscription they choose upon registration. There are premium add-on features available to all Users for an additional fee. Pricing may be altered by any promotion selected at the time of registration. For all fees, Stars & Stripes will charge the User's credit card according to the agreed-upon fee between User and Stars & Stripes for use of the services of the Website. While Stars & Stripes will use reasonable commercial efforts to ensure the privacy of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User does hereby agree to hold Stars & Stripes harmless for any damages that may result therefrom. Stars & Stripes will use a third party service to process credit card information. For further information regarding that service, please contact Stars & Stripes to request information about Stars & Stripes credit card processing company.

Renewal and Cancellation
User subscriptions will be automatically extended for successive renewal periods for an additional One (1) Month term, unless Member wishes to cancel. Stars & Stripes will continue to renew subscriptions until the User requests a cancellation. If a User cancels the subscription, the User will have access to subscription benefits until the end of the then-current subscription term; the subscription will not be renewed after that term expires. However, Users will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period.

No Liability
Users agree not to hold Stars & Stripes, Stars & Stripes agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated through the Website or otherwise were provided by a User. Users release Stars & Stripes and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes.

Indemnification
By agreeing to the terms of this Agreement, Users agree to indemnify, defend, and hold harmless Stars & Stripes, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "Stars & Stripes") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by Stars & Stripes and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Website, or (ii) use of the Website in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. Stars & Stripes and affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Stars & Stripes. Users further agree to hold harmless Stars & Stripes and Affiliates, as well as, if applicable, the User's employee or anyone who pays for the Service on the User's behalf, from any claim arising from a third party's use of information or materials of any kind that they transmit through or post on the Website.

Term of Agreement
This Agreement will become effective immediately upon any use by any User of the Website and shall remain effective unless terminated by Stars & Stripes as provided hereunder. Stars & Stripes may terminate this Agreement by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Users'. Furthermore, Stars & Stripes may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of Stars & Stripes as posted on the Website from time to time. If Stars & Stripes terminates a User's membership in the Service because the User has breached this Agreement, the User will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Stars & Stripes. Except as required by law, Stars & Stripes is not required to provide any User with notice prior to terminating the User's membership and/or subscription. Except as required by law, Stars & Stripes is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User's account. Even after the User's membership or subscription is terminated, this Agreement will remain enforceable against such terminated User. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Website is owned by Stars & Stripes Inc. or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Stars & Stripes owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called "Permitted Uses," Users may not copy, download, use redesign, reconfigure, or retransmit anything from the Stars & Stripes Website without Stars & Stripes prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Users to termination from the use of this Website or civil or criminal penalties. In addition, the Website contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Stars & Stripes and/or the relevant right holder.

Notice of Trademark Rights
The service marks and trademarks STARS & STRIPES, GETYOURKIDSOFFTHECOUCH.COM, and the Stars & Stripes logo are service marks owned by Stars & Stripes. Any other trademarks, service marks, logos and/or trade names appearing on the Website are the property of their respective owners. Users acknowledge the rights of Stars & Stripes and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use. Notice of Availability of Filtering Software We do not believe that the Website contains materials that would typically be the subject of filtering software and the Website is not intended for children. Nevertheless and pursuant to the Communications Decency Act, all Users are hereby informed by Stars & Stripes, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

Privacy
Stars & Stripes Privacy Policy located on its Website as modified by Stars & Stripes from time to time is a part of these Terms of Use and is incorporated herein by this reference. By using this Website, you do hereby represent, understand and agree that you have reviewed and agree to that policy.

Copyright Complaints and Copyright Agent
Stars & Stripes respects the intellectual property of others, and asks Users to do the same. Stars & Stripes is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, Stars & Stripes asks Users to help us. If Users believe, in good faith, that any materials on the Website infringe upon Users' copyrights, please provide Stars & Stripes Copyright Agent with the following information:
1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Website where the material you claim is infringed is located. Include enough information to allow Stars & Stripes to locate the material, and explain why you think an infringement has taken place; 3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 4. Your address, telephone number, and e-mail address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf. Stars & Stripes Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following information: by mail, General Counsel and Copyright Agent, Stars & Stripes,4630 White Lake Road Clarkston, MI 48346. Stars & Stripes will terminate access to the Website of those who engage in repeated acts of infringement.

Limited License
Stars & Stripes grants Users a nonexclusive, revocable right to use the Website provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Website in any manner or form, or (iii) violate any term in this Agreement.

Modifications to the Website
Stars & Stripes reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Website or any content or information on the Website with or without notice to the User. Users have the same rights with regard to their self-generated content on the Website. Users agree that Stars & Stripes shall not be liable to User or any third party for any modification or discontinuance of the Website.

User account, password and security
Users are responsible for maintaining the confidentiality of any password and account number provided by themselves or Stars & Stripes for accessing the Website, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify Stars & Stripes of any unauthorized use of Users password or account or any other breach of security.

No Joint Venture
Users are not legally affiliated with Stars & Stripes in any way merely by virtue of their membership or usage of Stars & Stripes Website or intellectual property other than as might be described by the terms and conditions stated in this User Agreement, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Stars & Stripes is not an employment service and does not serve as an employer of any User that may use this Website. Stars & Stripes is only a venue for connecting Users. As such, Stars & Stripes expressly disclaims any liability that may arise between Users of its Website.

Disclaimer of Warranties
USER EXPRESSLY AGREES THAT THE USE OF THIS WEBSITE IS AT THE USER'S SOLE RISK. NEITHER STARS & STRIPES NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. STARS & STRIPES IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBWEBSITE OR SERVICE. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE WEBSITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF ANY USER'S USE OF THE INFORMATION AVAILABLE ON OR VIA THE WEBSITE. STARS & STRIPES INC. AND AFFILIATES DO NOT WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. STARS & STRIPES CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD STARS & STRIPES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY USERS THROUGH THE WEBSITE. THE COMPANY AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE.

Limitation of Liability
Under no circumstances will Stars & Stripes or its Affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or any violation of any provision of this Agreement. Furthermore, the aggregate liability of Stars & Stripes or its Affiliates arising with respect to this Agreement and the Website will not exceed the total amounts paid by any User in the previous twelve (12) months under this Agreement. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

Arbitration
Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Clarkston, Michigan and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Stars & Stripes may seek any interim or preliminary relief from a court of competent jurisdiction in Clarkston, Michigan, necessary to protect the rights of property for you or Stars & Stripes pending the completion of arbitration.

General Provisions
Failure by Stars & Stripes to enforce any provision(s) of this User Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Website, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. Any controversy or claim that is not subject to the Arbitration provision set forth in these Terms of Use, other than action for a specific performance or for injunctive relief brought by Stars & Stripes, shall be exclusively brought in the federal, state, or local courts located in Chicago, Illinois; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and Stars & Stripes with respect to the Website. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Stars & Stripes, its successors and assigns.

Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venture, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of Michigan (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Clarkston, Michigan. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Stars & Stripes and Users with respect to the subject matter hereof, and Users have not relied upon any promises or representations by Stars & Stripes with respect to the subject matter except as set forth herein.

 
How to Choose a Facility