Terms of Service and User Agreement
Last Updated January 4, 2024
This User Agreement ("Agreement") is between you and WorkMerk. This Agreement shall apply to the WORKMERK Web sites. Your use and access of this website Web site constitutes your acceptance, without modification, of the terms, conditions and notices contained herein.
By using the WORKMERK Portal, 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, obtain services from, or otherwise use the AFLINK App and Portal.
1. You acknowledge that upon becoming a member of WORKMERK, you are automatically subscribed to receive notifications including medical and dental appointment alerts, in addition to key command messages and/or newsworthy items. If you would not like to receive these notifications, you can remove yourself from these lists at any time at your member management page.
2. You acknowledge that you are 18 years of age or older.
4. You are responsible for regularly reviewing this User Agreement. The 177th 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 WorkMerk 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 WORKMERK 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 WORKMERK Website or Portal ; (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. You will not create or participate in rooms determined by the 177th or WorkMerk to have been created for the purpose of exchanging or swapping images, music, or other protected intellectual property.
8. We reserve the right to release information to the proper authorities, as a result 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 177th and WorkMerk have the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion.
9. By posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively "Communications") to or through the WORKMERK Web site, you hereby grant to the 177th and WorkMerk 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 177th or WorkMerk. 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 177th or WorkMerk does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by WORKMERK Web site users or endorse any opinions expressed by such users. The 177th and WorkMerk do not 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 177th and WorkMerk have 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. Military Advantage, Inc. reserves the right to expel users and prevent their further access to the Military.com 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 177th and WorkMerk 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 177th or WorkMerk 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 177th or WorkMerk may delete and/or store, in its discretion, data associated with your use of the Site. The 177th or WorkMerk may also change, suspend, or discontinue any aspect of the WORKMERK Web site at any time, including the availability of any Web site feature, database, or content.
13. WorkMerk makes no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the Military.com 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 WORKMERK 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 chat 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 Military Advantage, Inc. 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. Military Advantage, Inc. has the right, but not the obligation, to correct any errors or omissions in any portion of the Military.com Web site.
16. YOU AGREE THAT YOUR USE OF THE WORKMERK WEB SITE IS AT YOUR OWN RISK. THE WORKMERK WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH THE WORKMERK WEB SITE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL MILITARY ADVANTAGE, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE MILITARY.COM 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 WORKMERK WEB SITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE MILITARY.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MILITARY ADVANTAGE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM MILITARY ADVANTAGE, INC'S NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, WORKMERK 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 WORKMERK 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 WORKMERK 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, WORKMERK'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 WORKMERK Web site will let you leave our Web site and go to sites operated by parties other than WorkMerk. The linked sites are not under the control of WorkMerk. 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 WORKMERK Web site to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by Military Advantage, Inc., 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 WorkMerk., or any of its affiliates, and any linked third party or their content. WorkMerk. 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.
20. This Agreement shall be governed and constructed in accordance with the laws of the Commonwealth of Pennsylvania 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 Philadelphia, PA.
21. Any cause of action you may have with respect to your use of the WORKMERK 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 WorkMerk, directors, officers, agents, employees or sublicensees, (collectively, the "Indemnitee") to the fullest extent permitted by law arising out of or in connection with (a) 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; (b) any breach by you of your obligations under this Agreement; and (c) any content provided by you in a chat room, message board, e-mail, or home page (created or used by you) on the Military.com 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 WorkMerk, Attn: Legal Department.