Terms and Conditions of Use
Disclaimer of Warranties. The CHAMP/MilCHAG website is provided to you strictly on an “as is” basis without warranties of any kind, either express or implied. You expressly understand and agree that CHAMP and MilCHAG make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the website, any content contained therein, including any hyperlinks. CHAMP and MilCHAG disclaim, any representation or warranty of any kind whatsoever, directly or indirectly, whether express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement of third-party rights, with respect to the CHAMP/MilCHAG website or any content herein.
Limitation of Liability. In no event, shall CHAMP or MilCHAG, or any agents, representatives or licensors be liable hereunder, under any theory of liability whatsoever (including, but not limited to, negligence and strict liability) for any direct, indirect, incidental, special, punitive or consequential damages or for loss of profits, revenue, data or programming, (whether in an action in contract, tort, product liability, statute or otherwise (even if CHAMP and MilCHAG have been advised of the possibility of such damages) arising out of: (a) your use of the website, including, but not limited to, any loss or damage caused by any reliance on, or any delays, inaccuracies, errors or omissions in, any information accessed on or through the website; (b) your inability to use the website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or though the website; (c) the deletion, correction, destruction, damage, loss or failure to store any information; or (d) any other matter relating to this website.
Because some jurisdictions do not allow the exclusion of certain warranties or limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions CHAMP’s and MilCHAG’s aggregate liability will be limited to the extent permitted by the laws of that jurisdiction. Without limiting the foregoing, you agree that if you use third-party information, services or products offered on a website linked to or that is otherwise referred to on or through this website, such party is solely responsible for such information, services or products, and you hereby release CHAMP and MilCHAG, and any officers, directors, advisors, members, employees, agents, representatives and licensors, from any claims, demands and damages (including, but not limited to, direct, indirect, incidental, special, punitive or consequential damages) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such information, services or products, any transactions between you and such party and any disputes between you and such party.
Indemnification. You agree to indemnify and hold harmless, and at CHAMP and MilCHAG’s option, defend CHAMP and MilCHAG and any employees, agents, representatives and licensors, from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of: (a) any breach of these Terms and Conditions of Use; or (b) any use of the CHAMP/MilCHAG website by you.
Copyright, Proprietary Rights and Trademark Infringement. Except as otherwise identified, the copyright to the content included in this CHAMP/MilCHAG website (including but not limited to text, images, photographs, illustrations, multimedia (graphic, audio and video), charts, reports, data, software HTML code and screens contained therein) is the property of the respective copyright holders identified herein, or is in the public domain, or is subject to a GNU Free Documentation license or is licensed to CHAMP and MilCHAG (except for government works) and is subject to protection by U.S. and international intellectual property laws, including but not limited to any patent rights, copyrights, trade secrets, trade names, trademarks, services marks, moral rights, know-how and any other similar rights or intangible assets recognized under the laws or international conventions in any country or jurisdiction in the world as intellectual creations to which rights of ownership accrue.
CHAMP and MilCHAG reserve the right to copy, relocate, back-up and remove content and information from the CHAMP/MilCHAG website in their sole discretion.
Except as expressly provided in these Terms and Conditions of Use or as otherwise authorized in advance in writing by CHAMP or MilCHAG, you may not download, copy, store, manipulate, reformat, print, display, publish, distribute, create a derivative work from, resell or make any other use of, any information contained on the CHAMP/MilCHAG website. The source of the images should also be cited in any reproduction.
The CHAMP and MilCHAG Logos and other CHAMP and MilCHAG marks, logos, titles, and names contained in the CHAMP/MilCHAG website are trademarks owned and/or registered either by CHAMP or MilCHAG or by a related company and/or licensor. All other third-party trademarks are owned by the respective third parties.
All reasonable efforts have been made to ascertain and credit ownership and copyright status of all materials contained in this resource. If you feel your material has been used without proper credit, please contact CHAMP or MilCHAG for more information. No part of this CHAMP/MilCHAG website may be copied or reproduced for commercial purposes without the express written permission of CHAMP or MilCHAG or the identified owner, licensee or copyright holder of the information and content contained herein.
Governing Law; Jurisdiction. CHAMP and MilCHAG operate this website from the United States. You hereby agree that the laws of the State of New York will apply to all matters relating to these Terms and Conditions of Use and the Website and that these Terms and Conditions of Use shall not be governed by the United Nations Convention on Contracts for the International Sales of Goods. These Terms and Conditions of Use shall be construed in accordance with the laws of the State of New York, without giving effect to any principles or rules of conflicts of laws to the extent such principles or rules are not required by statute and would require or permit the application of the laws of other jurisdictions, as to all matters, including, but not limited to, matters of validity, construction, effect, performance and remedies. In connection with any litigation, without limiting CHAMP’s and MilCHAG’s right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the federal and state courts located in the County of New York in the State of New York. You agree that any claim or cause of action arising out of or related to the use of the website or these Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose regardless of any statute or law to the contrary.
MIscellaneous. The user of this online resource acknowledges that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to the user’s systems or operations. While CHAMP and MilCHAG implement reasonable precautions to attempt to prevent such occurrences, the user further acknowledges that CHAMP and MilCHAG do not guarantee such events will not take place. Furthermore, CHAMP and MilCHAG disclaim any actual or implied liability for damage or inconvenience caused by such occurrences. The user shall be solely responsible for ensuring that any information or content accessed or downloaded from this CHAMP/MilCHAG website or any other resource or website accessed from this CHAMP/MilCHAG website does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data. By accessing this CHAMP/MilCHAG website and any data contained therein, the user agrees to indemnify, defend and hold CHAMP and MilCHAG harmless from any liability, claim, cost or damage arising from any third-party claim or suit caused by such virus or code or subroutine.
Acceptable Use Policy. This Acceptable Use Policy (“AU Policy”) sets forth certain permitted and prohibited uses of the CHAMP/MilCHAG website. As a user of the CHAMP/MilCHAG website, you are referred to herein as “you” or “user.” CHAMP and MilCHAG reserve the right to determine, in its sole discretion, whether a use of the Website is in violation of the AU Policy. CHAMP and MilCHAG reserve the right to monitor this website, and when CHAMP and MilCHAG becomes aware of an actual or attempted violation of the AU Policy, to take such action as it deems appropriate to address the violation. CHAMP and MilCHAG shall not be responsible for any loss or damage arising out of your failure to comply with the AU Policy.
Prohibited Uses. The following are examples of types of uses of the Website that are prohibited under the AU Policy:
Illegal/Criminal Activity. You may not use the Website to commit, or in connection with, criminal or civil violations of federal, state, local or international laws, regulations or other government requirements. Such violations include, but are not limited to, theft or infringement of patents, copyrights, trademarks, trade secrets or other types of intellectual property; fraud; forgery; theft or misappropriation of funds or information; violation of export control laws or regulations; encouraging conduct that would constitute a criminal offense or give rise to civil liability; and assisting or permitting any third parties engaged in or attempting to engage in any of the activities described above. CHAMP and MilCHAG reserve the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators or other third parties. In order to cooperate with governmental requests with respect to possible violations of laws or regulations, CHAMP and MilCHAG may access and disclose to law enforcement officials, regulators or other third parties, any information CHAMP and MilCHAG consider necessary or appropriate.
Security Violations. You are prohibited from violating, or attempting to violate, the security of the Website. Any such violations may result in criminal and civil liabilities to you. Examples of prohibited security violations include, but are not limited to, logging into a server or account that you are not authorized to access; accessing data or taking any action to obtain services not intended for you or your use; attempting to probe, scan or test the vulnerability of any system, subsystem or network; tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization; transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the system; interfering with, intercepting or expropriating any system, data or information; or interfering with service to any user, host or network including, but not limited to, by means of overloading, “flooding,” “mailbombing” or “crashing” any computer system.
Spam. Spam is an unacceptable use of the CHAMP/MilCHAG website. Spam includes, but is not limited to, any of the following activities: sending any unsolicited email that could be expected, in CHAMP’s and MilCHAG’s discretion, to provoke complaints; sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email; or sending email that does not accurately identify the sender, the sender’s return address and the email address of origin.
Other Prohibited Conduct. You may not (a) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this website in any manner inconsistent with the purposes for which we offer the material; (c) without our express written permission, copy, modify, or display our name or logo, or any text, graphic images, or other content from the Website; (d) redeliver any of the pages, text, images, or other content of the website using “framing,” redirection or similar technology without our express written permission; (e) use devices (including software) that are designed to provide repeated automated access to the CHAMP/MilCHAG website other than those made generally available by CHAMP and MilCHAG; (f) include CHAMP and MilCHAG or any other trademark, trade name or service mark of ours, the name of any of our advisors, members, affiliates or personnel, or any variation of any of the foregoing, as a metatag, or hidden textual element; (g) include the CHAMP and MilCHAG Logos or any other trademark, trade name or service mark of ours, the name of any of our advisors, members, affiliates or personnel, or any variation of any of the foregoing, as any other indicator that may create a likelihood of confusion or a false or misleading impression of affiliation, sponsorship, or endorsement between us and any user and/or site; (h) collect or store personal data about other users of the Website; (i) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (j) archive the Website by means of a web crawler, “spider” or any other mechanism or means; and (k) create a link to the Website unless our express written permission is received and any such link satisfies all of the following requirements: (i) indicates clearly that the link will lead to the CHAMP/MilCHAG website; (ii) does not falsely or misleadingly represent or suggest any relationship between the linking site and CHAMP or MilCHAG (including suggestions of affiliation, endorsement, or sponsorship); (iii) does not link to the Website in a manner that results in the dilution or disparagement of our intellectual property; (iv) delivers content of the Website in a frame environment; (v) maintains the integrity of the layout, content, and look and feel of the Website; and (vi) delivers users to the Website, unaltered, unmodified, unadulterated in any way by the linking site.
Consequences. Violations of the AU Policy may result in a demand by CHAMP and MilCHAG for immediate removal of the offending material, immediate, temporary or permanent filtering, blocked access, suspension or termination of use of the Website, or other action appropriate to the violation, as determined by CHAMP and MilCHAG in its sole discretion. When feasible and lawful, it is CHAMP and MilCHAG’s preference to give notice so that violations may be addressed voluntarily; however, CHAMP and MilCHAG reserves the right to act without notice as CHAMP and MilCHAG may determine in its sole discretion. CHAMP and MilCHAG will cooperate with law enforcement agencies if unlawful activity is suspected. Violators of the AU Policy may also be subject to civil or criminal liability under applicable law. CHAMP and MilCHAG, in its sole discretion, may terminate your access to the Website, or any portion thereof, without notice for any reason, including, but not limited to, if CHAMP and MilCHAG believes that you have breached the AU Policy. CHAMP and MilCHAG reserves the right to terminate your access to this website upon notice if you violate the policies of the CHAMP/MilCHAG website’s Internet service provider.
Links Disclaimer: The appearance of external hyperlinks on any page of the CHAMP/MilCHAG website, other than those that link to DoD, Service and Combatant Command web sites and sites managed by DoD components, institutes, agencies, programs and exchanges, does not constitute endorsement by the Cultural Heritage by Archaeology & Military Panel and the Military Cultural Heritage Advisory Group of the web site or any of the information, products, or services contained therein. CHAMP and MilCHAG has not verified any of the information you may find at these locations. Such links are provided consistent with the stated purpose of this Web site. CHAMP and MilCHAG makes no representations concerning the availability, accuracy or suitability any such resources or websites for any purpose whatsoever. CHAMP and MilCHAG is not responsible for the accuracy, intellectual property compliance, legality, legitimacy or decency of any information or content contained on any websites accessible directly or indirectly via a hyperlink to or from this CHAMP/MilCHAG website.
All reasonable efforts have been made to verify the accuracy or all information contained in this CHAMP/MilCHAG website. All data accessed using this CHAMP/MilCHAG website is provided on an “as is” basis with no warranty of any kind.
The views and opinions expressed in the CHAMP/MilCHAG website are solely those of the authors and do not necessarily represent the views, opinions or policies of the U.S. Department of Defense, any of its Services, Commands, or of any DoD component, institute, program, agency, exchange or affiliate, or of the Center for Environmental Management of Military Lands at Colorado State University.
Your use of the CHAMP/MilCHAG website signifies that you understand and agree to these Terms and Conditions of Use.