Terms and Conditions for Use
Effective June 26, 2013
The term “Operation Hawkeye,” “OHe,” “us,” or “we” refers to the owner of the Website, resident at 665 Potomac River Road, Mclean, Virginia 22102. The term “you” refers to the user or viewer of our Website. The use of this Website is subject to the following Terms.
OHe reserves the right to change or modify the Terms at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should periodically review the Terms from time to time. If you do not agree to the amended terms, you must stop using the Website.
Copyright and Limited License.
Unless otherwise indicated in the Website, the Website and all content and other materials on the Website, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof (collectively, the “Website Materials”) are the proprietary property of OHe or OHe’s licensors, or users and are protected by U.S. and international copyright, trademark, and other intellectual property laws. Permission is granted to access and use the Website in accordance with these Terms and the other rules and restrictions contained in the Website. You may only use the Website Materials for your personal, non-commercial use, provided that you retain all copyright, trademark, and other proprietary notices contained in the Website Materials. In addition, you agree that such permission does not include: (a) any commercial use or any resale or redistribution of the Website or the Website Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Website Materials, (d) making any derivative uses of the Website and the Website Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Website, the Website Materials or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the Website Materials other than for its intended purpose. The permission granted herein is revocable at any time, with or without cause. Except as expressly stated herein, none of the Website Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of OHe or the copyright owner. The permission given to you terminates automatically if you breach any of the Terms. Upon termination, you must immediately destroy any downloaded and printed Website Materials. You also may not, without OHe’s permission, “mirror” any material contained on this Website on any other server. Any unauthorized use of any Website Material may violate applicable law (including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes).
Repeat Infringer Policy.
OHe respects the intellectual property of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, OHe has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the account of any users who are deemed to be repeat infringers. OHe may also, at its sole discretion, limit access to this Website and/or terminate the accounts of any users who infringe the intellectual property rights of others (regardless of whether there is any repeat infringement).
The Operation Hawkeye logo, the name Operation Hawkeye and any other product or service name or slogan contained in the Website are trademarks of OHe, its corporate partners, licensors, or other respective owners, and may not be copied, imitated or used, in whole or in part, without the prior written permission of OHe or the applicable trademark holder. You may not use any metatags or any other “hidden text” using “Operation Hawkeye,” or any other name, trademark or product or service name of OHe without our prior written permission. Unless specifically stated otherwise, reference to any products, services, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Any Website user may become a donor (“Donor”) by pledging a donation to OHe by using the donation tool on this Website. You acknowledge and agree that you are under no obligation to become a Donor or to pledge a donation and that you will be solely responsible for any decision to become a Donor. You understand that your contribution is being made to OHe’s mission partner charities, which have exclusive legal control over all donations.
Operation Hawkeye’s mail system allows you to send a message to the families of the fallen. You may use the card above to send condolences or words of goodwill to the families of the fallen. Bearing in mind that the families come from divese backgrounds and value their privacy, you will refrain from sending messages regarding political matters, religious themes or sentiments, holiday or seasonal sentiments, using inappropriate language, and providing or requesting personal contact information.
You acknowledge that OHe may or may not pre-screen OHe Mail, but that OHe and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any message that is available via OHe Mail. Without limiting the foregoing, OHe and its designees shall have the right to remove any OHe Mail content that violates these Terms or is otherwise objectionable. You acknowledge, consent and agree that OHe may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any OHe Mail content violates the rights of third parties; or (iv) protect the rights, property or personal safety of OHe, its users and the public. You hereby release OHe from any and all claims, damages, liabilities and causes of action arising out of such authorized disclosure of personal information.
Any comments or materials sent to OHe (via any medium including e-mail and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding this Website or any other products or programs of OHe (collectively “Feedback”), shall be deemed to be non-confidential and shall become the sole property of OHe. You hereby assign all rights in the Feedback to OHe, and OHe shall have no obligation of any kind with respect to such Feedback. Without limiting the foregoing, OHe shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation, without acknowledgment or compensation to you. Further, you expressly waive any moral rights you may have in such Feedback.
Websites Linked From This Website.
This Website may contain links to third party websites. Any such links are provided solely as a convenience to you, and the inclusion of any such links does not imply endorsement, sponsorship or association between OHe and any third party, product or service. Without limiting the generality of the foregoing, you agree that any such third party websites are not under the control of OHe, that OHe is not responsible for the content, products or services provided via any such third party websites, and that you are solely responsible for any claims, damages or liabilities incurred by you as a result of your use of any such third party websites.
The Website may contain links to third parties that sell, manufacture or promote products or services. Your business dealings or correspondence with, or participation in promotions of, third parties other than OHe, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. OHe is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website.
Disclaimer of Warranty.
Limitation of Liability.
IN NO EVENT WILL OHE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEBSITE, YOUR UPLOADING OR DOWNLOADING OF ANY CONTENT TO OR FROM THIS WEBSITE, OR ANY DONATION THAT YOU MAKE VIA THIS WEBSITE, REGARDLESS OF THE MANNER IN WHICH SUCH DAMAGES ARE INCURRED OR DESIGNATED, OR FOR ANY LOSS OF PROFITS, EVEN IF OHE WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You agree to defend, indemnify and hold OHe, and its affiliates, independent contractors, service providers, suppliers, licensors and consultants, and their respective its officers, directors, employees, and agents (the “Indemnified Parties”), harmless from and against any claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your violation of these Terms, or your use of or inability to use the Website, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to your conduct, or your violation of the rights of any third party.
Notwithstanding any of these Terms, OHe reserves the right, without notice and in its sole discretion, to discontinue the Website or to terminate your license to use and block your access to the Website at any time without notice.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms and your use of the Website are governed and construed in accordance with the laws of the Commonwealth of Virginia, applicable to agreements made and to be entirely performed in the Commonwealth of Virginia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms shall be filed only in the state and federal courts located in the Commonwealth of Virginia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
OHe controls and operates this Website from the United States. OHe makes no representation that materials in this Website are appropriate or available for use in other locations, and access to this Website from territories where its contents are illegal is prohibited. Those who choose to access this Website from other locations must do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms constitutes the entire agreement and supersedes any and all other understandings and agreements between you and OHe with respect to the subject matter hereof and no representation, statement or promise not contained herein shall be binding on you or OHe. Although these Terms may be updated or modified by OHe from time to time as set forth therein, OHe will not be bound by any other amendments or modifications to these Terms unless expressly accepted in writing by OHe in a written amendment expressly referencing these Terms. These Terms may not be supplemented or modified by any course of dealing or trade usage.
You acknowledge and agree that OHe may modify or discontinue any or all features of this Website immediately and without notice to you in its sole and absolute discretion. You hereby release OHe from any and all claims, damages, liabilities and causes of action arising out of the modification or discontinuation of any or all features of this Website and the suspension or termination of your access to this Website and/ or any account connected to this Website.
If you believe that anything on the Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Operation Hawkeye, Attention: William L. Thomas
Full Address of Designated Agent to Which Notification Should be Sent: 665 Potomac River Road, Mclean, Virginia 22102
E-Mail Address of Designated Agent: firstname.lastname@example.org
Questions & Contact Information.
Thank you for your cooperation. Questions or comments regarding the Website should be directed by electronic mail to Will Thomas, via email, at will@OpHawkeye.com