Terms of Use

Terms of Use

I. Welcome
Welcome and thank you for visiting the Remembering the Brave foundation web site and reviewing our Terms of Use.  Remembering the Brave makes this Web site, including all information, documents, catalogs, communications, files, text, graphics, and audio/visual files (collectively, the "Materials") available for your use subject to the Terms of Use set forth in this document.  It spells out what you can expect from us and what we expect from you.

II. Terms of use, acceptance of terms of use, and non-transferability
By accessing, using or downloading in any way, without limitation, any materials from this web site or merely browsing this web site, you agree to and are bound by these terms of use.  Please read these terms of use carefully.  Remembering the Brave reserves the right to change the Terms of Use at any time, without prior notice to any Web site visitor ("User").  If Remembering the Brave makes material changes to the Terms of Use, we will post a notice on our home page, which will run for seven (7) consecutive days following the effective date of the modified Terms of Use.  You are hereby advised that your continued use of our web site constitutes your acceptance of any amendments to and the most recent version of the terms of use.  If you breach any of the Terms of Use, your authorization to use this Web site automatically terminates, and any of the Materials downloaded or printed from this Web site must be immediately destroyed.  A User's right to use this Web site is NOT transferable.

III. Intellectual Property Rights
A. Copyright Information and personal and non-commercial use limitation
All Materials and the compilation of all content included on this Web site are owned or licensed by Remembering the Brave and protected by United States and international copyright laws.  All Rights Reserved.  Remembering the Brave does not claim ownership of Copyrights owned by third parties.

You have been granted a license to view and use the Web site Materials subject to these Terms of Use.  Unless otherwise specified, the Materials on this Web site are for your personal and non-commercial use.  You may download and make one copy of Web site Materials for your own non-commercial home use, provided that you maintain all copyright, service mark and other proprietary notices.  You may not sell or modify Web site Materials or reproduce, display publicly or otherwise use the Web site Materials in any way for any public or commercial purpose.  Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Remembering the Brave.  You may contact us at inquiries@rememberingthebrave.org.  Users may not provide copyrighted or other proprietary information to Remembering the Brave without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures.

B. Notice and Procedure for Making Claims Under the Digital Millennium Copyright Act Notice
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.  If you believe that your copyrighted work has been copied without your authorization and is available on this Web site in a way that may constitute copyright infringement, you may provide notice of your claim to Remembering the Brave's designated agent listed below.  For your notice to be effective, it must include the following information:  (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that Website; (3) Identification of the material that is claimed to be 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 the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a third party has wrongly filed a copyright infringement notice with Remembering the Brave against you, and your access to the allegedly infringing material has been disabled, you have the right to provide Remembering the Brave's designated agent with a counter notification.  That notification must include the following information: (1) Physical or electronic signature of the subscriber; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (4)The subscribers name, address, telephone number and e-mail address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Remembering the Brave's Designated Agent is Rebecca Holder-Otte.

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this web site.  All other inquiries directed to the designated agent will not be answered.

C. Trademarks
Remembering the Brave is the owner of a family of trademarks for its services. This family includes, without limitation, Remembering the Brave Hall of Heroes®, Remembering the Brave Ceremony, Remembering the Brave (Pacific, Western, Eastern, Midwestern, Northern, Southern) Armed Forces Memorial Match, Kids Can Volunteer, Heroes Don't Do Drugs, Remembering the Brave Heroes Cafe, Remembering the Brave Hall of Heroes Museum, Remembering the Brave Virtual Hall of Heroes, Remembering the Brave Run for Remembrance. Remembering the Brave is also the owner of the federally registered logo and a variety of unregistered marks. These and other Remembering the Brave graphics, logos and service marks are trademarks of Remembering the Brave and may not be used without prior written consent of Remembering the Brave or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on the Remembering the Brave Web site are the property of their respective owners.

D. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Remembering the Brave in connection with your use of this web site shall be the exclusive property of Remembering the Brave.  User agrees that unless otherwise prohibited by law Remembering the Brave may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.

V. Privacy and Protection of Personal Information
Remembering the Brave respects the privacy of visitors to our Web site. Please see Remembering the Brave's Privacy Statement relating to the collection and use of your information.  User acknowledges and agrees that this Privacy Statement, including but not limited to the manner that Remembering the Brave collects, uses and discloses User's personally identifiable information, is incorporated and made part of these Terms of Use. If User does not agree to each and every part of Remembering the Brave's Privacy Statement, then User should not use this site or submit or post any personally identifiable information on this site.  Questions regarding privacy issues should be directed to Remembering the Brave Web Master.

VI. Disclaimers and Limitation of Liability
User expressly agrees that use of Remembering the Brave Web site and service is at User's sole risk. Neither Remembering the Brave, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors, sponsors or the like, warrant that web sites affiliated with Remembering the Brave, including but not limited to www.rememberingthebrave.org, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, harmful or malicious code, or other defects. The information, products and services published on this Web site may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of Remembering the Brave's Web sites or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Remembering the Brave's Web sites.

This Web site contains several links to other web sites. These web sites are not under the control of Remembering the Brave, and the existence of a link on Remembering the Brave Web site does not imply any endorsement of the linked web sites by Remembering the Brave or any affiliation between Remembering the Brave and the owners of the linked Web sites. Remembering the Brave makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Web sites. You agree that Remembering the Brave has no responsibility to you with respect to such material. Visitors to other web sites are encouraged to examine the privacy policies and/or terms of use policies of that web site.

This web site is provided by Remembering the Brave on an "as is" and "as available" basis. Remembering the Brave and the providers make no representations or warranties of any kind, express or implied, as to the operation of the web site, the availability of any services or prices offered on or through the web site, or the information, content, materials or products, included on this web site. To the full extent permissible by applicable law, Remembering the Brave and the providers disclaim the warranties and conditions, express or implied, with regard to the information, content, materials, products and services available on this web site, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. You expressly agree that your use of this web site is at your sole risk.

Remembering the Brave and the providers will not be liable for any damages of any kind arising from the use of or inability to use this web site, including but not limited to direct, indirect, incidental punitive and consequential damages. No oral advice or written information given by Remembering the Brave nor its affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty of any kind; nor shall user rely on any such information or advice.

The limitation of this paragraph shall apply not withstanding any reliance by a user on any information obtained from the web site www.rememberingthebrave.org or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays on operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Remembering the Brave records, programs, or services, and whether or not Remembering the Brave and/or any other providers have been advised of the possibility of such damages. User hereby acknowledges this paragraph shall apply to all content, merchandise, and services available through www.rememberingthebrave.org and all other web sites affiliated with Remembering the Brave. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by the law.

If you are dissatisfied with any Remembering the Brave site content, your sole and exclusive remedy is to discontinue your use of this Web site.

VI. Online Conduct
The User agrees to use the Remembering the Brave Web site only for lawful purposes. Unacceptable uses of the Web site include without limitation: (i.e.) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, time bombs, spyware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Remembering the Brave to be in conflict with the spirit or intent of this Web site.

VII. Credit and Credit Card Authorization
You may pay for your orders of merchandise or donations with major credit cards issued in the United States of America. Currently, Remembering the Brave accepts Visa®, MasterCard®, and Discover® Card. Generally, credit cards are not charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, Remembering the Brave may pre-authorize your order amount with your credit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.
After you place an order on the Remembering the Brave Web site, we will check the information you give us for validity, by verifying your method of payment or shipping address. Remembering the Brave reserves the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your credit card.

VIII. Termination
These Terms of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Remembering the Brave Web site and destroying all Materials obtained from this Web site and all copies thereof, whether made under these Terms of Use or otherwise. Your access to the Remembering the Brave Web site may be terminated immediately without notice from Remembering the Brave if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Remembering the Brave Web site and destroy all Materials obtained from this Web site and all copies thereof, whether made under these Terms of Use or otherwise.

IX. Applicable Law/Jurisdiction
This Web site is hosted by Remembering the Brave in the State of Connecticut. As such, by visiting Remembering the Brave Web site, even if accessed from a location outside the United States, you agree that the laws of the State of Connecticut will govern these disclaimers, terms of use, without giving effect to any principles of conflicts of laws. Remembering the Brave reserves the right to make changes to its Web site and these disclaimers, terms of use, and privacy statement at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the State of Connecticut.

X. Waiver/Severability
The failure of Remembering the Brave to require or enforce strict performance by User of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Remembering the Brave right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.

XI. International Users
The Remembering the Brave Web site can be accessed from locations around the world. Remembering the Brave makes no representations that this Web site or the Materials available through it are appropriate for use at other locations outside the United States. Access to this Web site from locations where this Web site or any of its Materials are illegal is prohibited. If you access this Web site from a location outside the United States, you are responsible for compliance with all local and/or international laws.

XII. Security
Remembering the Brave reserves the right to monitor all network traffic to this Web site to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Web site in any fashion. Anyone using this Web site expressly consents to such monitoring.

Date Last Modified: April 27, 2009

These terms of use may be changed at any time, without prior notice to any visitor.

Privacy Statement

This privacy statement describes and applies to the information we collect from you when you visit the Remembering the Brave web site, how we use that information, and under what circumstances we disclose it. It will also give you more information about how to manage the personal information that you provide to us through this site. This statement applies only to information you provide to us online while visiting or using our site. It does not apply to information we have obtained or may obtain offline through other traditional means.

1. The information we collect.

When you use our site, we receive and collect certain information. The information that we receive and collect depends on what you do when you visit Remembering the Brave's web site (rememberingthebrave.org).

Automatically Collected Information
Some information is automatically received and sometimes collected from you when you visit the RememberingtheBrave.org site. This information may include some or all of the following items: the name of the domain and host from which you access the Internet, including the Internet protocol (IP) address of the computer you are using and the IP address of your Internet Service Provider; the type and version of Internet browser software you use and your operating system; the type and version of your media player(s); the date and time you access our site, the length of your stay and the specific pages, images, video or forms that you access while visiting the site; the Internet address of the web site from which you linked directly to our site, and if applicable, the search engine that referred you and any search strings or phrases that you entered into the search engine to find this site; and demographic information concerning the country of origin of your computer and the language(s) used by it. We use this information to monitor the usage of our site, assess its performance, ensure technological compatibility with your computer, and understand the relative importance of the information provided on our site. We may also use this data to conduct statistical analyses on visitors' usage patterns and other aggregated data.

Information Collected via Cookies
"Cookies" are small files or records that we place on your computer's hard drive to distinguish you from other visitors to the site. The use of cookies is a standard practice among web sites to collect or track information about your activities while using the site. Some web sites use persistent cookies, which are placed on your computer and remain there until you delete them. Others use temporary cookies, which expire after some period of time or become overwritten by other data. RememberingtheBrave.org uses "session cookies," which disappear from your computer after you have closed your Internet browser.

Most people do not know that cookies are being placed on their computers when they visit RememberingtheBrave.org or most other web sites because browsers are typically set to accept cookies. You can choose to have your browser warn you every time a cookie is being sent to you or you can turn off cookie placements. If you refuse cookies, you can still browse rememberingthebrave.org However, by not using cookies, your overall Internet browsing experience will be affected.

Information Collected Using Pixel Tags or Clear GIFs
Pixel Tags or Clear GIFs, also known as Web Beacons or Web Bugs, are transparent graphical images placed on a web site. Currently, Remembering the Brave does not use them on its site.

Information You Actively Submit
For most of the browsing on our site, we neither require nor collect "User Information." User Information is information that could personally identify you, for example, your name, e-mail address, billing address, shipping address(es), phone number, social security number, and credit card information. You can browse the RememberingtheBrave.org site and take as much time as you want to review our services without having to submit such User Information.

In the following instances, however, we do need you to actively submit User Information: when you want to (i) submit a job application, (ii) make an online donation, (iii) sign up for a class or event; (iv) send an e-mail message to us or otherwise provide online comments, criticisms, suggestions or feedback; (v) participate in a chat session; or (vi) purchase merchandise from the Online Store.

Remembering the Brave uses a third party to host its Online Store. If you purchase merchandise from Remembering the Brave, Remembering the Brave will share your User Information, including without limitation your name, address, telephone number, credit card number, billing and shipping address with those third parties necessary to fill your order. Remembering the Brave does not warrant and cannot guarantee the information privacy policies and practices of such third parties.

Personal Information about Children
The Remembering the Brave web site is targeted primarily for use by adults. Accordingly, we do not knowingly collect age identifying information, except on job applications, nor do we knowingly collect any personal information from children under the age of 13. However, we advise all visitors to our site under the age of 13 not to disclose or provide any User Information on our site. In the event that we discover that a child under the age of 13 has provided User Information to us, in accordance with the Children's Online Privacy Protect Act (see the Federal Trade Commission's website at http://www.ftc.gov/kidzprivacy for more information about this Act), we will delete the child's User Information from our files to the extent technologically possible.

2. How we use and share User Information.
When you actively submit User Information through the web site, we will use that information in one or more of the following ways:

a. To process, complete or otherwise act upon or respond to your request or reason for submitting that information;

b. To register and/or verify you in connection with a service or feature that you are attempting to access or obtain;

c. To communicate with you about your request or reason for submitting that information;

d. To provide additional information to you about Remembering the Brave and its services that we believe may interest you;

e. To study and analyze the use of the information and features available on our web site; and

f. To assist, when necessary, in protecting our rights or property, enforcing the provisions of our Privacy Statement and Terms of Use, and/or preventing harm to you or others.

We do not sell User Information to third parties. And except where we otherwise obtain your express permission, we share your User Information with third parties only under the limited circumstances stated below:

a. Credit card authorization companies receive the credit card number and other personal identifying information only to verify the credit card numbers and process a transaction.

b. User Information is disclosed to third parties necessary to process a particular request you have made, to complete a purchase order for merchandise and to deliver your purchase to you or to process a donation.

c. User Information submitted in connection with a job application may be disclosed to third parties to conduct background checks, obtain credit reports, verify prior employment, check references and for any other lawful purpose that is in our judgment reasonably necessary to our interviewing and hiring process.

d. User Information is subject to disclosure in response to judicial or other governmental subpoenas, warrants and court orders served on Remembering the Brave in accordance with their terms, or as otherwise required by applicable law.

e. User Information is subject to disclosure to protect our rights or property, to enforce the provisions of our Privacy Statement and Terms of Use, and/or to prevent harm to you or others.

f. User Information may be disclosed and transferred if Remembering the Brave or its business is sold or offered for sale to another company or person(s), if a petition for relief under the United States Bankruptcy Laws is filed by or against Remembering the Brave, or if Remembering the Brave becomes subject to an order of appointment of a trustee or receiver.

g. If you communicate with us via e-mail, we will share your correspondence, including any User Information provided in the e-mail, with employees, volunteers, representatives, or agents most capable of addressing your correspondence. We will retain your communication until we have done our very best to provide you with a complete and satisfactory response and may subsequently retain your communication for our records.

Except where we are compelled by law to disclose your User Information, you have a right to choose whether we disclose your User Information to a third party or use your User Information for a purpose incompatible with the purpose(s) for which it was originally provided or subsequently authorized by you. Except where we are compelled by law to maintain your User Information, you also have a right to disclose whether we keep your User Information. Please notify us using the contact information provided below if you wish to opt out of any such use. Please be aware that opting out of certain third party use may prevent us from providing the services or products that you request.

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Remembering the Brave in connection with your use of this web site (collectively "Comments") shall be and remain the property of Remembering the Brave. Unless otherwise prohibited by law, you agree that Remembering the Brave may use or disclose Comments in any manner, without restriction and without compensation to you.

3. Linking to third-party web sites.
When you click on links on our site that take you to third-party web sites, you will be subject to the third parties' privacy policies. While we support the protection of privacy on the Internet, Remembering the Brave cannot be responsible for the actions of any third-party web sites. We encourage you to read the posted privacy statement of any and every site you visit, whether you are linking from our site or browsing on your own.

4. Access to and Managing Your User Information.
We believe it is important for you to be able to find out what User Information you have provided to us through our site. If you have provided us with User Information, you can contact us to request that we provide you with the User Information we have in our records about you. We reserve the right to limit the number of times such a request can be made and to charge you for responding to such requests if this process is misused or abused. You may contact us using the contact information provided below to inquire about your User Information, and to correct, amend, or delete such information. We want the User Information we have on record about you to be as complete and accurate as possible.

If you believe that any User Information we have in our records about you is inaccurate, incomplete, or incompatible with the purposes for which it was provided or subsequently authorized by you, please notify us using the contact information provided below.

5. What You Need to Do to Protect Your Personally Identifiable Information.
You have several options when deciding how you can best protect your User Information. One option is simply not to volunteer it. As stated above, this approach would allow you to still visit our site - although it will prevent you, for example, from taking advantage of some of our site's features, completing an order, and signing up for classes. The Federal Trade Commission's web site, www.ftc.gov, also offers useful information about how to protect User Information provided to a web site.

6. What to Do About Suspected Violations of This Privacy Statement.
If at any time you believe Remembering the Brave has not adhered to the policies and principles set forth in this Privacy Statement, please notify us using the contact information provided below. We will make all commercially reasonable efforts to promptly address your concerns.

7. Changes to Privacy Policies.
This privacy statement was last modified on April 27, 2009. If we change our Privacy Policy, we will post those changes on our web site so you are always aware of what information we collect, how we use it, how we protect it and under what circumstances, if any, we disclose it. If we make material changes, we will also post a notice on our home page, which notice will run for seven consecutive days following the effective date of the modified privacy statement. Unless we clearly express otherwise, we will use information in accordance with the Privacy Policy under which the information was collected. YOU ARE HEREBY ADVISED THAT YOUR CONTINUED USE OF OUR SITE CONSTITUTES YOUR ACCEPTANCE OF ANY AMENDMENTS TO AND THE MOST RECENT VERSION OF THIS PRIVACY STATEMENT.

8. Questions, comments and contact information.
If you have any questions or comments concerning our privacy policy, please contact us at inquiries@rememberingthebrave.org

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