Last Updated: May 22, 2018

This agreement governs the terms and conditions of your use of the Women Vets on Point website and LiveChat through the site (WVoP). It is a legal contract between you and the joint operators of WVoP,  Education Development Center, Inc. (EDC) and U.S. Veterans Initiative (U.S. VETS) (the “Agreement”). You acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, you should not use WVoP’s Services.

Notice to Visitors of the WVoP website:

Your participation in WVoP Chat does not constitute mental health care or treatment and does not constitute an attorney-client relationship, a therapist-patient relationship, or any other sort of confidential relationship. WVoP and the services provided to you is not a substitute for professional health care. If you believe you are experiencing a medical emergency call your doctor or dial 911 immediately.

EDC, U.S. VETS, and any of their employees, volunteers, or agents are not responsible for any decisions, or results of the decisions that you make while, as a result of, or after participating in WVoP Chat. This includes whether you choose to seek or not seek professional care, or to modify or terminate specific treatment that you are currently receiving based on the information provided by this service.

Eligibility

To use WVoP services and access WVoP content and materials you must be at least 18 years old or you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using the WVoP. In addition, when you use any future version of the WVoP or any changes made a part of any current version, you acknowledge and agree that you also will remain subject to this Agreement.

Prohibited Uses

WVoP may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, providing information to the Site and downloading information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. WVoP specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

• Posting any information which is incomplete, false, inaccurate or not your own
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
• Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
• Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner
• Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another
• Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
• Attempting to interfere in any way with the Site’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
• Communicating, transmitting or posting material that is in violation of applicable laws or regulations
• Using the Site to harass, disrupt, or unlawfully interfere with WVoP’s public interest objectives

Ownership

WVoP, including all of the information and content provided, is the intellectual property of EDC, US Veterans Initiative, or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided by WVoP, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of WVoP. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the content, materials, and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so.

We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Notification of Copyright Infringement

WVoP respects the intellectual property rights of others and expects its users to do the same.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, WVoP will respond expeditiously to claims of copyright infringement committed using the WVoP website that are reported to WVoP’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to WVoP’s Designated Copyright Agent. Upon receipt of the Notice as described below, WVoP will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is 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, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
   • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to the following address:

Lisa Ballew, Legal Counsel
Education Development Center, Inc.
43 Foundry Avenue
Waltham, MA 02143

Indemnity

All the things you do and all the information you submit or post to WVoP remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.

Specifically, you agree to hold WVoP, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of WVoP, your violation of this Agreement, and/or your violation of the rights of any third party or person.

Limitation of Liability

WVoP, EDC, or U.S.VETS will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use WVoP, including (but not limited to) damages for loss of goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.

You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of WVoP.

Disclaimer of Warranties

WVoP and LiveChat are provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that will always work properly.

Modifications

This Agreement may be modified from time to time. Any changes will be effective immediately upon posting. Each time you access WVoP you will have access to the current terms, conditions and privacy statement. You must agree to the modified terms to use this service.

Dispute Resolution

Any dispute or claim arising out of or relating in any way to this Agreement, your visit to WVoP, including email or chat communications, shall be resolved through binding arbitration, rather than in Court. The Federal Arbitration Act and Federal Arbitration Law apply to this Agreement.

Any party who intends to seek arbitration must first try in good faith to resolve the dispute by providing to the other party a written notice “notice” describing the facts and circumstances of the dispute and the specific relief sought, and including any supporting documentation.