TERMS OF USE

ACCEPTANCE OF TERMS

SmartSoldier.com, owned and operated by Electronic Allies, LLC, a State of Nevada company makes this website (the “Site”), including all content, information, documents, communications, files, text, graphics, software, member services and products available through the site (collectively, the “Materials”) and all services operated by SmartSoldier.com and third parties through the site (collectively, the “Services” or “Membership Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that SmartSoldier.com may publish from time to time (collectively, the “Terms of Use”).

By accessing or using this Site in any way, including, without limitation, use of any of the Membership Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

SmartSoldier.com reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, as found on a clearly marked link at the bottom of our web pages, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates along with your Membership, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

OVERVIEW

1.    WE MAY, BUT ARE NOT OBLIGATED TO, REFUSE SERVICE TO ANYONE AT ANY TIME AND FOR ANY REASON.

2.    WE WILL NOT SHARE YOUR PRIVATE E-MAIL ADDRESS OR USER INFORMATION, BUT RESERVE THE RIGHT TO CONTACT ALL “OPT-IN” E-MAIL SUBSCRIBERS TO OUR WEBSITE OR NEWSLETTER WITH GENERAL INFORMATION, PROMOTIONAL OFFERS, LATEST FEATURES, STORIES, MEMBERSHIP INFORMATION, SmartSoldier.com INFORMATION, UPDATES AND ANY OTHER SmartSoldier.com RELATED CONTENT OR MESSAGES.

3.    ABUSE OF OUR SYSTEMS, CONTENT, SERVICES, PATRONS, MEMBERS OR VISITERS IS AN OBVIOUS OFFENSE THAT CAN RESULT IN BEING BANNED FROM SmartSoldier.com OR ANY OF OUR OTHER OR TO BE DEVELOPED WEBSITES.

4.    THE POSTING ANY CONTENT ON OUR WEB PAGES GRANTS SmartSoldier.com A NON-EXCLUSIVE RIGHT TO HOST SAID CONTENT ON THE INTERNET AMONG OTHER RIGHTS OF REPUBLICATION. EITHER YOU OR WE CAN REMOVE YOUR CONTENT AT ANY TIME AND FOR ANY REASON.

5.    ALL SUBSCRIBING MEMBERS WILL NOT RECEIVE AN ACTIVE, EQUITY OR OTHERWISE PARTICIPATING SHARE OF INTEREST IN SmartSoldier.com.  MEMBERS WILL RECEIVE THOSE CERTAIN RIGHTS AND PRIVLEGES LISTED HEREIN AND ARE BOUND TO THE TERMS OF THE MEMBERSHIP AGREEMENT AS SET FORTH BELOW. 

6.    EITHER WE OR YOU CAN REMOVE YOUR CONTENT AT ANY TIME AND FOR ANY REASON.

7.    WE ARE NOT RESPONSIBLE FOR THE MISUSE OF CONTENT. PLEASE USE THE LINKS PROVIDED THROUGHOUT THE SITE TO REPORT QUESTIONABLE CONTENT.

8.    SmartSoldier.com WELCOMES YOUR FEEDBACK AND SUGGESTIONS

DEFINED TERMS

One of the Services offered through this Site is a Membership to SmartSoldier.com, a user-driven, content based website, where subscribers can access and share information related to military service. Information, materials, files, communications, and documents that are posted or otherwise transferred in conjunction with this service are referred to collectively as “User Content.” The groups of persons, who have paid the required subscription fee and who participate in the benefits of membership are herein referred to as (“Members”).  “SmartSoldier.com Content” means all Materials provided by SmartSoldier.com.

TYPES OF USERS

Please be aware that certain activities on this Site, such as those Services mentioned above, are available only to persons authorized by SmartSoldier.com to participate in such activities.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, SmartSoldier.com and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by SmartSoldier.com, this Site also makes available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. SmartSoldier.com offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by SmartSoldier.com. You agree that you will not hold SmartSoldier.com responsible or liable with respect to the Third Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the SmartSoldier.com Content and User Content available on this Site subject to the following conditions:

1       The SmartSoldier.com Content and User Content may be used solely for personal, informational, and internal purposes.

2       The SmartSoldier.com Content and User Content may not be modified or altered in any way.

3       The SmartSoldier.com Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.

4       You may not remove any copyright or other proprietary notices contained in the SmartSoldier.com Content and User Content.

5       SmartSoldier.com reserves the right to revoke the authorization to view, download, and print the SmartSoldier.com Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from SmartSoldier.com. Any rights granted to you under these Terms of Use constitute a license and not a transfer of title.

The rights specified above to view, download, and print the SmartSoldier.com Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress, copyright and other laws and may not be copied or imitated in whole or in part.

TRADEMARK INFORMATION

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of SmartSoldier.com or other third parties. You are not permitted to use the Marks without the prior written consent of SmartSoldier.com or such third party that may own the Marks.

LICENSE TO SmartSoldier.com FOR USER CONTENT

Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant SmartSoldier.com one of the following types of licenses:

1.     For User Content that is the result of your creative or otherwise original efforts and which is intended to be displayed on the Site, you grant SmartSoldier.com a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant SmartSoldier.com the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.

2.     For User Content such as comments to SmartSoldier.com on user forums, reports or suggestion forms, you grant SmartSoldier.com and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that SmartSoldier.com is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of SmartSoldier.com or others.

PROHIBITED COMMUNICATIONS

You may submit only User Content or Membership related content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

USER CONDUCT

In using the Site, including all Services, Membership Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s or member’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to use or attempt to use another’s account, password, service, or system without authorization from SmartSoldier.com; not to access or attempt to access any Membership Services which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Membership Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

ADDITIONAL MEMBER TERMS

By subscribing as a Member to this Site, you agree to the following terms in their entirety:

1.     Your membership fee purchases access to all the available information on the SmartSoldier.com Site and as such is considered a purchase of an electronic product.  Members will not be entitled for a refund or any part of their membership fee for any reason whatsoever.

2.     The terms for SmartSoldier.com’s referral program are as follows:

a.     A set commission of $5 shall be awarded for each Membership referral.

b.     Commission payouts shall be made monthly via paypal

c.      The minimum payout balance is $25. All accounts with less than $25 will carry over to the next month.

MANAGING AND DISCLAIMING CONTENT AND COMMUNICATIONS

SmartSoldier.com reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Any member who use has been terminated shall not be entitled to a refund or any part thereof of their membership fee.  SmartSoldier.com may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Membership Services are available, and the substance of any User Content.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SmartSoldier.com WILL HAVE NO LIABILITY RELATED TO USER CONTENT, SERVICES OR ANY CIRCUMSTANCES RELATED TO OR DERIVING FROM ANY VISITOR, USER, MEMBER OR ANY OTHER THIRD PARTY RELYING ON USER CONTENT OR SERVICES.  

SmartSoldier.com DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF ANY USER CONTENT OR SERVICES.  

ALL USERS, VISITORS AND MEMBERS ARE STRONGLY URGED TO DO THEIR BEST DUE DILIGENCE PRIOR TO ACTING ON ADVICE, SUGGESTIONS OR ANY INFORMATION OFFERED AND/OR POSTED ON OUR SITE.  SmartSoldier.com SHALL NOT BE HELD LIABLE FOR ANY MISINFORMATION OR THE INACCURACY OF ANY POSTING TO OUR SITE BY ANY PARTY.

WARRANTIES AND DISCLAIMERS

Except as expressly provided otherwise in a written agreement between you and SmartSoldier.com or you and a third party with respect to such party’s materials or services, this Site, and all Materials, Services and Membership Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, SmartSoldier.com makes no warranty that:

(i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.

While SmartSoldier.com makes every effort to maintain this Site and the Services it provides efficiently and timely, this Site could include technical or other mistakes, inaccuracies, or typographical errors. SmartSoldier.com may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may fall out of date, and SmartSoldier.com cannot commit to updating any such Materials and Services in anyway.

You understand and acknowledge that (i) SmartSoldier.com does not control, endorse, or accept responsibility for any content, products, or services offered by Members or third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) SmartSoldier.com makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) SmartSoldier.com shall not be liable or responsible for any content, products, or services offered by third parties.

The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. SmartSoldier.com assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SmartSoldier.com OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

PERSONAL INFORMATION AND PRIVACY

Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential.  Any non-personal information or material sent to SmartSoldier.com will generally be deemed to not be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of SmartSoldier.com or others.

LIMITATION OF LIABILITY

In no event, including, without limitation, negligence, shall SmartSoldier.com, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not SmartSoldier.com has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, Membership Services or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

INDEMNITY AND LIABILITY

YOU AGREE TO INDEMNIFY AND HOLD SmartSoldier.com, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO, OR TRANSMIT THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY USER OR MEMBERSHIP RELATED CONTENT,  OR COMPUTER VIRUSES), YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THESE TERMS OF USE, THE ACTIONS OF ANY MEMBER, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY.

INDEPENDENT OF THE UNITED STATES OF AMERICA ARMED FORCES

You acknowledge and agree that SmartSoldier.com is no way connected, related, affiliated or belonging to any branch of the United States of America Armed Forces and is completely, wholly and entirely a private organization with no governmental authority or affiliation.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by SmartSoldier.com from its offices within the state of Nevada, United States of America. By accessing this Site, you and SmartSoldier.com agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nevada, without regard to the conflicts of laws principles thereof. You and SmartSoldier.com also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Nevada, County of Clark with respect to such matters.

Any dispute relating in any way to your visit to SmartSoldier.com shall be submitted to confidential Arbitration within the state of Nevada, except that, to the extent you have in any manner violated or threatened to violate SmartSoldier.com’s intellectual property rights, SmartSoldier.com may seek injunctive or other appropriate relief in any state or federal court in the state of Nevada, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Terms of Use shall be joined to an arbitration involving any other party subject to this Terms of Use, whether through class arbitration proceedings or otherwise. 

GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between SmartSoldier.com and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by SmartSoldier.com to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision