Effective Date: 11.11.2020
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
MIL PCS MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT MIL PCS MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
As used in this Agreement:
- Member(s) means any agent or client that registers to utilize the services outlined in the Website.
- Member information means a Member’s information provided and required for use of the services.
- User means both Members and Visitors.
- Visitor(s) means any individual that accesses the Website’s free features without utilizing the Website services.
- You/Your means any User of the Website.
About The Site
Mil PCS is an online platform which matches home buyers with preferred brokers in your designated area. Any compensation due Mil PCS is paid by an Agent and/or Broker for these services. Mil PCS may also provide relevant content on the topic of home buying and various social media platforms which are not part of the site but may be accessed by links provided by the site.
Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Mil PCS and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement. You agree that if you are the recipient of Member information that you will take reasonable precautions to safeguard such information and agree you will not provide such information to anyone outside the provision of services offered by you and only to the extent required to engage in such services.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and Mil PCS makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
Ownership of Website and License
Excluding any data or information you provide, you acknowledge and agree that Mil PCS is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Mil PCS.
Mil PCS hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from Mil PCS, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Mil PCS.
All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website or information obtained from the Website are the property of their respective owners, including Mil PCS. Specially, all Mil PCS marks are the property of Mil PCS, including, but not limited to MIL PCS, and all Mil PCS logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Mil PCS. You are prohibited from using Mil PCS’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Mil PCS.
Member Registration; Termination
To become a Member of Mil PCS which will allow you to request our services, you agree to complete the registration process provided by the Website or emailed to you.
Members have a duty to ensure that the information provided is truthful, current, complete, and accurate. Members understand and agree that they have an ongoing duty to update and keep current the information provided through their account if and when that information changes. Members are expressly prohibited from providing us information that is false or misleading, impersonates another person, or otherwise violates the rights of a third party. Members expressly agree that they will not use their registration information to interfere with or disrupt a third party’s enjoyment and use of the Website. Mil PCS reserves the right to restrict access to, monitor, suspend, disable, or delete Members at any time, in its sole discretion, and without prior warning for any misuse of the Website.
Members agree to keep their Member registration information secure from unauthorized access. Members will log in using their username and password. Members should not reveal their passwords to others. Members agree that they alone are responsible for their Member information and all associated interactions. Members accept full responsibility for any and all use of their Member information, whether authorized or unauthorized. In the case of unauthorized access to a Member’s Member information, they agree to contact Mil PCS immediately. Members agree to hold harmless and indemnify Mil PCS for any damages that arise out of or in relationship to the use of their Member information.
User Generated Content
Mil PCS does not permit user generated content for display on its Website.
Members expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, and/or treaty to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, Members are prohibited from:
- Transmitting information to us that:
- Infringes upon the intellectual property rights of others;
- Contains any material, pictorial or textual, that depicts any form of child pornography (including individuals under the age of 18), bestiality, necrophilia, murder, and/or suicide;
- Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
- Incites any illegal activity or unlawful sexual solicitation;
- Relates to weaponry, controlled substances, gambling, or debt collection;
- Raises support or defense of anyone alleged to be involved in criminal activity;
- Impersonates another or is fraudulent, inaccurate, or misleading;
- Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
- Intends to collect personal or personally identifiable information from others;
- Violates any term or condition of this Agreement;
- Using a robot, spider, scraper, or other automated technology to access the Website;
- Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
- Attempting to gain access to the private data or personal information of a Website user or third party;
- Circumventing Mil PCS’s technological and physical security measures;
- Suggesting an affiliation with or endorsement by Mil PCS.
Third Party Links and Content
Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. Mil PCS may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
Disclaimer of Warranties
MIL PCS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS, ITEMS OR SERVICES PURCHASED ON THE WEBSITE. MIL PCS PROVIDES THE WEBSITE AND SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS AND AS-AVAILABLE BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
MIL PCS WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY USER GENERATED CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. MIL PCS IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. MIL PCS RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
MIL PCS WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
Limitation of Liability
MIL PCS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS, ITEMS, OR SERVICES OFFERED THROUGH THER WEBSITE OR THIRD-PARTY LINKS ON THE WEBSITE, OR PEOPLE YOU MEET OR ARE INTRODUCED TO THROUGH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, INJURY OR DAMAGES, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT MIL PCS CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID TO MIL PCS, AND IN NO CASE WILL THAT AMOUNT EXCEED ANY AMOUNT PAID TO MIL PCS. IF NO AMOUNT IS PAID BY YOU TO MIL PCS, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. MIL PCS IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend Mil PCS, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any products, items or services through the Website, including without limitation from third party products, items or services, your reliance upon advice provided through the Website, your submission of information to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Mil PCS under the terms of this Agreement will not provide you with the right to control Mil PCS’s defense, and Mil PCS reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Mil PCS.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Mil PCS may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
Governing Law; Jurisdiction; Venue
This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of Oklahoma without giving effect to any conflicts of laws principles. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Garfield County, Oklahoma, with venue proper in Garfield County, Oklahoma.
YOU AND MIL PCS AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM MIL PCS, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN GARFIELD COUNTY, OKLAHOMA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF OKLAHOMA AND THE FEDERAL LAWS OF THE UNITED STATES INCLUDING THE FEDERAL ARBITRATION ACT. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND MIL PCS AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF OKLAHOMA. YOU AND MIL PCS AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of thirteen (13) and Mil PCS will not knowingly collect personally identifiable information from children under the age of thirteen (13). If Mil PCS inadvertently collects such personally identifiable information, Mil PCS will delete the personally identifiable information in accordance with its security protocols.
Limitation on Actions
MIL PCS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MIL PCS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Reservation of Rights
All rights not expressly granted herein are reserved to Mil PCS.
Any notice required by this Agreement must be in writing and must be emailed to: firstname.lastname@example.org